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Social media posts are considered “character evidence.” Suppose you’re arrested on a marijuana charge, and there’s a social media video clip of you smoking a joint. Prosecutors can use that.
It’s never wise to incriminate yourself online, because that evidence is always there and easy to find.
If you have criminal charges pending, you should delete your social media posts and shut down your accounts. Their presence can have a collateral effect.
Prosecutors sometimes view your social media to see how flexible or strict they want to be with you. Suppose you have a drug charge, and your social media posts are over the top, filled with boasts about partaking in drugs. The perception of that can only be negative.
Even if the prosecution doesn’t use social media against you in court, they may leverage that information later in the offer to settle your case, where it can have a significant impact.
The technology is there, so recovery of deleted posts is always possible. If somebody working for the FBI wants to find your private posts, they probably can. However, is it realistic for a prosecutor to take extraordinary steps to hire that level of expertise to access your social media?
In less serious cases, such as a DUI, deleting social media posts is fine because it would be too much trouble for a prosecutor to obtain them. However, if it’s a statutory rape case, the prosecution will probably take those extraordinary measures.
I always tell clients who have a social media account to delete it. Just play it safe. Clients always seem to have that one friend who says something inappropriate in the comments section and gets them into trouble.
The best advice I can give is to simply have no social media presence.
For more information on social media and criminal defense in Georgia, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (404) 681-4000 today.