Social Media Usage in a Criminal Case

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Arizona Criminal Defense Lawyer Cindy Castillo

Advancements in technology have changed how we interact with one another. It seems everyone from your third-grade teacher to your junior high ex are on social media nowadays. According to Pew Research Center, as of April 2021, 72% of the U.S. adult population used at least one social media site – with the number of users increasing with each passing year since 2013.

So what does this mean for you if you are facing criminal charges or believe you are under investigation for potential criminal charges? Simply put, what you post can be used as evidence in a criminal case. No matter how secure you believe your social media accounts to be, you should never assume that your postings are truly private or that deleted information is actually gone forever. Statements, photographs, and even location information tracked and shared in social media posts prior to an alleged offense, during, and after an alleged offense can be used against you by the State. Computer forensics are continually advancing which makes it easier for police and prosecuting agencies to retrieve information – including information you may have believed to be private or deleted. Additionally, most social media platforms cooperate with law enforcement when they receive a subpoena for your user information as well as any posted information. What you post on social media may be used against you to show your character at trial, sentencing, or even modification and release hearings. Postings can also be used to discover new evidence against you, rebut an alibi, show what you were doing before the alleged offense, or who you were associating with. Bottom line, care should be taken in what you post on social media and the footprint you leave on any device that records your everyday actions.

If you are under investigation or if you have been charged with a crime, it is imperative that you understand how social media can affect your case. The experienced attorneys at Castillo Law can be reached at 480-206-5206 to provide a free consultation to discuss your specific situation.