Exercising caution on social media until your criminal case is resolved is crucial to protect your legal rights and maintain your privacy and reputation moving forward.
If you don’t feel like you can realistically refrain from social media use altogether, you’ll want to act as if everything that you post and respond to on social media is being viewed by the prosecutor who has been assigned to your case.
Safeguarding your defense and protecting your privacy
You’ll want to consider the following, regardless of how careful you’ve been about maximizing your privacy settings. Because social media platforms are public, you will need to assume that anyone who is invested in your case can see what you’re doing and that they may misinterpret even your most seemingly innocuous efforts:
Avoiding Incriminating Evidence: Anything you post or share on social media can potentially be used as evidence against you in a criminal case. Prosecutors and law enforcement agencies often monitor social media platforms for any information that may be relevant to the case. Even seemingly harmless or unrelated content can be misinterpreted or taken out of context to build a case against you.
Preventing Prejudice or Bias: Social media platforms have a wide reach, and information spreads quickly. Sharing your perspective, opinions or frustrations about the case can potentially create a biased public perception. This can influence potential jurors, undermine your defense strategy or even hinder your chances of reaching a fair trial.
Preserving Attorney-Client Privilege: Sharing information about your case on social media can jeopardize the attorney-client privilege, which is essential for effective legal representation. Discussions, advice or strategies shared between you and your attorney should remain confidential. Publicly discussing these matters on social media may waive this privilege and weaken your defense.
It’s advisable to seek legal guidance regarding social media usage during this critical period and focus on building a strong defense strategy while avoiding any actions that could be detrimental to your case.