We live in a world where your online presence is perhaps just as important as your physical one. Social media has long evolved and changed since the days of MySpace. From Facebook and Twitter for friends and family to LinkedIn for coworkers, there is almost an expectation you document your life on the web for all to see.
However, if you are currently undergoing a criminal case, your online presence can be used against you. In many cases, the online world does not follow the same rules and regulations as the physical one, and your social media profiles may be searched without a subpoena, especially if you have already not marked them as private. A dedicated New Hampshire criminal defense attorney with knowledge of how social media currently fits into the world of criminal defense can help you navigate this confusing time so your social media accounts are not used against you.
If you have been charged with a crime, the state may begin to rifle through your social media presence in order to negatively impact the results of your case. This will not be limited to recent posts either, as anything discovered may be used as evidence to prove your guilt. From your Facebook account to your Instagram page, here are three ways your social may impact your criminal case:
One of the most obvious ways to connect you to the crime you have been accused of is to have photo evidence locking in both your location and time. Whether it is a geotag on a photo or a “check-in” attached to a status update, the state may use this information to negatively associate you with the crime.
You never imagined your drunken college Facebook status from three years ago being used to define your character, but the state may do just that. Funny party images meant for friends’ eyes only can be extracted and used to paint a negative picture to match the crime you are currently being prosecuted for.
Your social media accounts can be used to negatively shape your personality and life into something it is not. Your reliable defense attorney will work to prove these snapshots of your life are joking in nature and not reflective of your overall character. To further help your case, avoid posting anything on social media while your case is ongoing.
When facing criminal charges, your first instinct may be to mark all accounts as private or even delete your social media entirely. This may be viewed as suspicious and, in addition to other public findings, can provide enough probable cause for the state to issue a physical search warrant.
A professional criminal defense lawyer is equipped to handle the complexities of your specific case and work to ensure your social media accounts are not used inappropriately. Hayes Law PLLC’s New Hampshire-based attorney fights alongside their clients and is able to paint a picture that social media cannot.
Additionally, a criminal defense lawyer knows when the state is using social media wrongfully or irrelevantly. The Stored Communications Act strictly regulates which “various third parties” can acquire user information, which can make getting information trickier for the state. They may also find the state is using irrelevant information, like your old statuses or random friend connections.
If you are currently facing potentially life-changing charges, your Twitter account should not influence that. The lawyer at Hayes Law PLLC is here to help you and safeguard your future. They will fight alongside you and immediately begin working on your case.
Our affordable fees do not come with any judgment. Our attorney has over 40 years of combined criminal defense experience. To begin the process today, please book a free consultation by using our online contact form or by calling us at (978) 314-4950.
