If you are a regular user of social media, it might never occur to you that there are times when it is better to avoid it — but that may be the situation you are in if you are currently facing any kind of criminal charges. It’s widely known that police forces, private investigators and law firms representing victims of alleged crimes sometimes search social media in the hope of finding something to help build a case.
If your social media accounts are public, they can just browse them. Even if your accounts are private, however, they may try to gain access by other means. For example, the authorities may see what someone else has shared of yours, or even set up a fake account and submit a friend request. It’s also possible that any victim or a family member or a friend of theirs can see what you post and show it to the investigating team. A court could also issue a subpoena to the social media provider.
It can be hard to tell which post could be problematic
Clearly, a post detailing how the police searched your house for drugs, but did not find anything because someone had tipped you off, could be troublesome. But so can many posts that may seem unrelated to the event in question.
For example, imagine that the police believe you were involved in a crime on a particular day. You told them you were out of state for work that day because you thought it simpler than explaining your movements. You didn’t commit the crime, but you were in the state, and the police see this when you then post photos of your child’s school play that happened on the day they questioned you about. They now move you up their list of suspects because you lied to them.
Legal guidance can help you learn more about errors to avoid after an encounter with the police and what defense options you have if needed.