For most of us, social media is a part of our daily lives. We use it to stay connected to family and friends and post updates about our own lives.
When a significant event happens in our life, we often rush to social media to post about it. However, when the event involves an arrest or criminal charge, it is better to stay off social media.
Do not post about your case
Posting about your case on social media is a common mistake. It can feel especially difficult to avoid posting on social media when emotions are running high after an arrest or encounter with law enforcement, but this is a bad idea.
Just as in real-life, anything you say on social media can be misconstrued and used against you. Police officers and prosecutors may be monitoring your social media activity for evidence of guilt.
Adjust your privacy settings
After your arrest, review and change your privacy settings on all social media accounts. Restrict who can view your posts, who can tag you in posts or what personal information you share.
For example, if you are arrested for DUI, a friend who tags you in a photo showing the two of you drinking a beer the day of the arrest is going to provide the prosecution with more evidence to secure a conviction.
Do not delete or modify any existing posts
Feeling panicked and overwhelmed after an arrest is natural and you may be tempted to delete any potentially incriminating social media posts. But this can be viewed as an attempt to destroy evidence.
Even if there is a previous social media post that is incriminating, keep it up and seek counsel on how to handle it. This is better than deleting it and having to explain why.
Seek advice before posting
If you cannot stay off social media entirely while your criminal case is pending, it is best to seek advice before posting anything. Something you consider neutral and harmless might not be and you do not want to post something that could inadvertently harm your case.
Navigating the complexities of social media during a criminal case can be complex. These tips can help you build the strongest possible defense.