How Does Social Media Activity Impact Criminal Defense Strategies in MS?
Social media is an ever-present force in modern-day life, whether or not we like it. It can even have an effect on court cases, from civil and family court cases to criminal cases. The widespread use of social media has both made criminal defense attorneys’ jobs harder and provided them with additional evidence they can use to prove their clients’ innocence. If you’ve been accused of a crime in Gulfport, it’s important to understand how social media may influence your case.
The sooner you connect with a criminal defense lawyer after a misdemeanor or felony arrest, the more time they have to build the strongest case possible for you. Call Holcomb Johnson at 228-432-6652 to set up a consultation now.
Social Media Evidence in Criminal Cases
Social media may provide a wide range of evidence in criminal cases. Prosecutors often turn to posts, messages sent on social media platforms, photos, and video footage on social media to get the evidence they need for a conviction. For example, popular “urbex” (urban exploration) posters have made a living posting their exploration of abandoned buildings on TikTok—but since that’s trespassing, many have been contacted by law enforcement after a video goes viral.
It is very easy for a prosecutor to subpoena private messages and check-ins from social media platforms to see what defendants have said in private and where they have been. Furthermore, posts, videos, and photos from other social media users can also build a case against a defendant.
How a Defendant’s Reputation and Credibility May Be Affected
Another way social media may influence your case is its effect on your reputation and credibility. While this may seem unfair because of your freedom of speech, posting things to incite or agitate on social media can come across poorly in court. The prosecution may try to make a defendant look irresponsible, morally questionable, or otherwise linked to a life of crime via their social media posts. Whether or not this seems fair, these posts can absolutely sway a jury’s opinion about a suspect. Defense attorneys must be prepared for these challenges and demand that irrelevant evidence be thrown out.
The Ways Law Enforcement Uses Social Media
Law enforcement has openly embraced social media as a way to investigate crimes and even find out about crimes they didn’t know occurred—see the trespassing example given above. They have learned how to use hashtags, comb friends lists, and look at check-ins at popular places to see where people have been, who they associate with, and whether or not they have engaged in criminal conduct.
There are some questions about suspects’ rights during this and whether or not the use of social media as evidence infringes on their privacy and rights. It’s important to work with an attorney who can scrutinize the evidence against you and fight to suppress evidence that is not relevant to your case.
Defense Strategies
A strong Gulfport criminal defense attorney may use a variety of strategies to protect their client’s freedom and rights during a criminal case. First, they may fight aggressively to challenge the authenticity of social media evidence and question whether or not it was legally obtained. Evidence collected in violation of a suspect’s rights should never see the light of day. An attorney may also emphasize the naturally inaccurate story painted on social media—people post things that support who they want to be and how they want to be seen. Social media is almost never an accurate reflection of one’s actual life.
A skilled attorney may also present alternative explanations and interpretations for social media evidence that harms their client’s case. Finally, they may take steps to mitigate the damage of social media on jurors’ perceptions. Even if social media activity isn’t directly related to a criminal case, it can have a very real effect on how the jury views a suspect—an attorney with extensive experience in this area of law knows how to combat that.
Protect Your Future with Holcomb Johnson
If you’re facing criminal charges, it’s time to talk to the criminal defense team at Holcomb Johnson. Let us advocate for you as you fight for your future. Call us at 228-432-6652 or send us a message online to find out how we can help you.