If you’re about to be placed under arrest, police will be required to read you the Miranda Rights, which among other things, says that “anything you say can be used against you in the court of law.” We always tell our clients to keep their mouth shut after verbally confirming that they understand the rights that have just been read to them, but they also need to understand that the right to remain silent doesn’t end just because they’ve been released from custody pending trial. Anything they say, or anything they share on social media during this time, can be used to build a case against them.
But just how harmful can social media posts be in the lead up to your trial? In today’s blog, we explain some of the ways that posting on social media can hurt your defense.
Avoid Social Media While Charges Are Pending
We all may be guilty of spending a little too much time on social media at one point or another, but it’s a good idea to steer clear of sharing information on these platforms if you have a criminal case pending. Here’s why:
Contradictions – Many people on social media share things that appear to paint them in a more favorable light. If you post something about your case on social media that contradicts what you told police because you wanted your followers to get a different impression of you, it can cause problems for your case. How can your statements be trusted when you’re telling multiple versions of what happened? Don’t share anything about the case on social media.
Words And Images Can Be Twisted – You may think that your words or your pictures say one thing, but the prosecution may try to twist that post in a different direction. You can say that you’re remorseful about your DUI in court, but if you have pictures grabbing mimosas with your friends the day after your arrest, the prosecution may try to paint you as someone who hasn’t learned from their past mistakes. Don’t assume that pictures and words will always be taken at face value.
Establish History Or Mindset – Your social media post history can also lend investigators a look into your mind. Do your posts suggest you’re confrontational or quick to anger? Have you had online disagreements with someone at the center of the criminal case? Your social media posts leading up to an incident can also serve to establish intent, so be mindful of the things you post even prior to any run-ins with the law.
Relationships – Your social media profiles can also show who you are connected to. If you claim that you have never met or interacted with an individual, but you are Facebook friends or have messaged each other on Instagram, these connections can cripple your defense. Expect police to dig into your social media profiles and social connections.
Overall Perception – Finally, your social media posts can establish a general perception of your character for the court, and while that can be helpful, it can also be extremely harmful. If your social media page is full of guns, drugs and bad decisions, the court may be less likely to give you a second chance or reduce bail amount. It’s not uncommon for the prosecution to use a person’s social media pages as a way to establish or paint their character in a certain way.
When in doubt, leave it out, and consider cleaning up your social media pages every so often to ensure there’s nothing on there you wouldn’t want your employer or the court seeing.
For more information about building a strong and credible defense in the courtroom, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
