The Impact of Social Media in Criminal Defense Cases

The explosion of social media activity has changed modern society in unprecedented ways. Social media sites like FaceBook, X (formerly Twitter), Instagram, TikTok, Snapchat, and others have become vital to many people’s lives. We use these platforms to connect with friends and family, build connections, and stay up to date on the news. However, the exponential increase in popularity of social media has affected the legal field in unprecedented ways and could impact your criminal case.

The rules regarding the use of social media in criminal investigations and at trial are constantly evolving. Lawyers must stay on top of these trends and understand the impact of social media on a criminal case.

The Lebedevitch Law FIrm closely monitors changes in the law that affect the use of social media evidence in criminal cases. If you were charged with a crime or believe you are the target of a criminal investigation, The Lebedevitch Law Firm can provide advice and guidance to protect your rights and your future, and help you minimize the impact of social media on your criminal case.

The Lebedevitch Law Firm is based in Fairfield, Connecticut, and proudly serves people in New Haven and Fairfield counties. Contact our law firm today to schedule a confidential consultation to discuss your situation and how we can help.

How Is Social Media Used in a Criminal Case?

Billions of people around the world use social media to connect with friends and family, build connections in their communities, and share the details of their lives. Social media can feel personal. You share what you want, when you want, seemingly with whom you want. But, for the unwary, posting on social media can have unintended, sometimes disastrous consequences.

Whatever you post online is public information, no matter what privacy settings you use. Courts in Connecticut and across the country have ruled that a person has no expectation of privacy in social media content, and judges routinely grant requests to use social media as evidence in criminal cases. Their rationale is that if you share content online with a large audience, it is not private and can be used in a criminal investigation and in court.

Social media users generate large amounts of information that police and other law enforcement agents can use to track suspects, identify criminal networks, establish a suspect’s whereabouts at the time a crime was committed, or prove a suspect’s state of mind in the days or hours leading up to a crime. Some social media users even discuss criminal activity online. Prosecutors can later try to use a defendant’s social media posts as evidence in a criminal prosecution.

Using Social Media as Part of a Criminal Investigation

Social media has become a vital source of information for prosecutors and law enforcement agents. Detectives comb social media sites for incriminating information, and prosecutors routinely request a defendant’s social media account information in pre-trial discovery. Detectives and prosecutors use a suspect’s social media activity to establish a motive or create a detailed timeline of a suspect’s activities and behaviors at specific times and locations. They use social media evidence to show a pattern of behavior that is consistent with the crime you were charged with committing or to establish communications with known criminals, alleged co-conspirators, or other suspicious individuals.

Social Media and Jury Selection

Social media has dramatically changed the way attorneys can conduct jury selection. During voir dire, lawyers routinely research potential jurors’ online profiles for information that may shed light on their biases, opinions, and how they may ultimately decide a case. However, this behavior raises ethical concerns, as potential jurors may not know their online activity is being evaluated, which can lead to feelings that their privacy is being violated.

Lawyers must balance the need for information with respect for privacy and ensure their research does not cross into unethical conduct. However, insights gained from social media can identify jurors who have preconceived ideas about a case and cannot be impartial.

Juror Misconduct Involving Social Media

During a trial, jurors may turn to social media to search for information about the defendant or witnesses who testified. They might also share details of the case or express their opinions about a defendant’s guilt or innocence. These activities can jeopardize the fairness of the trial and lead to a mistrial or an appeal. Broad access to social media makes it challenging for judges to monitor and control social media outside the courtroom.

The potential for juror misconduct involving social media raises concerns about individual cases; it can erode public trust in the judicial system as a whole. Judges, lawyers, and others involved in the legal system must continually work to ensure public confidence in the judicial system is not further eroded.

Protect Yourself from the Negative Impact of Social Media in a Criminal Case

Using social media can lead to a criminal investigation or negatively impact a criminal case. But, you can protect yourself when you are online.

Do Not Discuss Your Case on Social Media.

If you were charged with a crime, avoid discussing it online. In fact, you should avoid talking about your criminal case with anyone except your attorney.

If you need to discuss something that could impact your criminal case, do it privately, in person, and only with people you trust. Tell friends and family not to discuss your criminal case in public and not to post about it online.

Avoid Posting Something That Could Be Used as Incriminating Evidence

If you were engaged in potentially illegal activity, do not post about it online, and be careful about accepting new requests to connect. Law enforcement officers can create fake online profiles to try to become part of your network and use information they find online to charge you with a crime.

Do Not Delete Old Social Media Posts

If you already posted about your criminal case online, you may be tempted to delete these old posts. However, you may be legally required to preserve evidence, and deleting social media information could result in additional criminal charges for tampering with evidence.

Contact The Lebedevitch Law Firm for Aggressive Criminal Defense

If you have been charged with a crime or believe you are under investigation, The Lebedevitch Law Firm can help. We can answer your questions about social media activities and how they could impact your criminal case. We can protect your rights, help you avoid the most severe consequences of a criminal investigation, and defend you in court. Contact The Lebedevitch Law Firm today to schedule a confidential consultation to discuss your situation and how we can help.

The Lebedevitch Law Firm is located in Fairfield, Connecticut, and represents people charged with crimes in New Haven and Fairfield counties.