How Social Media Could Hurt Your Defense

If you are facing criminal charges, the last thing that you want to do is to speak publicly about your case, especially without the guidance and direction of your attorney. While you may have a strong desire to get support from friends and speak your side of the story, there is a time and place for everything. Here, that time would be after your case concludes.

If you decide to fight the charges, you may be called upon to testify in court to tell your side of the story. Prosecutors will be paying very close attention to what you say. If they find that what you are testifying to under oath contradicts something that you have previously said, they may raise that to the jury to impeach your testimony. If you have a prior inconsistent statement, you may not be able to testify on your own behalf.

Speaking publicly about your case could also harm your efforts to have a broad jury pool. Social media could lead to more word getting out about your case. This could possibly taint a jury pool because some may get exposed to your story before they should. You never know when a potentially sympathetic juror could learn information that could cause them to answer a question at voir dire that could have them removed from the jury pool.

Law Enforcement Is Probably Checking Your Profiles and Posts

In addition, your existing social media profiles could be gold mines for law enforcement. They may gain access to your profile to look at your pictures. For example, if they see photos of you and possible victims or co-conspirators together, they can try to use that against you in court.

Most law enforcement personnel will try to use a suspect’s social media accounts to gain intelligence and evidence for the case. They could use it to place a suspect in the vicinity of a certain location at one time. They may also try to message or befriend suspects over social media and ask questions, hoping to get answers that give them information.

Your best bet is to stop using social media when you are being investigated for a potential crime and do everything that you can to restrict access to your accounts. Be very suspicious if someone that you do not know tries to approach you and asks you questions. Depending on your privacy settings, law enforcement can search for you and find what they may need to make the case. Also, be very careful about what you say on other people’s pages because that may be even more searchable. Essentially, you do not want to make it easy for law enforcement to convict you based on your own words.

Frisco Criminal Defense Lawyers

Once you have been arrested or learn that you are under investigation, you need a criminal defense attorney to guide you through the process and help you avoid mistakes. Call attorney J. Michael Price at (214) 765-8000 or reach out online to schedule a free consultation.