How Can the Court Use Your Social Media Against You in a Drug Case?

By Alex
December 8, 2022

With the increase in the use of social media platforms, information is readily accessible and available to everyone, including prosecutors, attorneys, and law enforcement agencies. It’s no news that most people show off their lifestyle on social media, hence, making it a good place to look for incriminating evidence in criminal charges.

If you are faced with a drug-related offense, and you’re unsure if your social media is incriminating, you can speak with a Sean Fagan Criminal Defense Lawyer. 

How Your Social Media Can be Used Against You

As with any criminal offense, when a person is charged with a drug case, the prosecution investigates the case. They will try to bring up any evidence that would help them win the case. This includes speaking to your family, colleagues at work, and friends that can testify to your drug use. They may search through your home and personal items for any drug substances, and they can also look through your social media accounts for any drug-related posts.

You should be aware that your social media posts can be incriminating and may be used against you in a criminal case.

Some types of incriminating posts are:

  • Posts or comments that affirm that you’re into drugs or show your support for the use of drugs.
  • Pictures or videos that explicitly show you taking drugs.
  • Posts (whether pictures or videos) with people who have been previously convicted of drug use.
  • Texts or direct messages with people who have drug-related criminal records.
  • Threats from or to others who are involved in drugs.

Your social media can also be used to find suspects, confirm or discredit an alibi, or show connections with a known drug dealer.

Is Social Media Evidence Valid in Court?

Yes. Social media posts are admissible at trial and can be used as a valid source of evidence against you in court. The data retrieved from your social media accounts can be used to judge your character, lifestyle, and personality. Hence, it can be used to portray you in a negative light, convincing the court that you’re capable of committing the crime that you have been charged with.

What If There is Incriminating Evidence on My Social Media?

If you have made incriminating posts on your social media and you are worried about how it would affect your drug case, then you should take the following steps.

Hire an Attorney 

A criminal defense attorney is in the best place to help you out with your case and provide you with a strong defense, even if there is evidence against you. However, you must be completely honest with your defense attorney. It would be best if you let your attorney know everything about your social media accounts and the incriminating posts. This would help them to provide a counter-defense and also mitigate the effects on the case.

Don’t Delete the Posts

Deleting the posts or disabling your social media accounts after you have been charged with a crime is even more incriminating, hence, negating your defense. It can be assumed by the prosecuting panel that you were attempting to destroy evidence. It is best to leave your social media the way it is, even if you have nothing to hide.

Avoid Making More Posts 

Refrain from making more posts on your social media till your case has been cleared, especially posts related to your criminal charges. This is because criminal investigators regularly search through social media platforms for incriminating evidence on the defendants. Whatever you post or say can be used as evidence against you. Only your conversation with your attorney is confidential and cannot be used against you.

Reject Suspicious Connections

Ensure that you do not accept connections from suspicious users, especially those who are involved in drugs. Accepting or having too many connections with suspicious people on your social accounts can also be further incriminating. It may portray that you have an affiliation with them even if you don’t. Hence, you should report any suspicious friend requests to your attorney.

There are no restrictions to the kind of cases that can be affected by social media evidence. Other crimes, such as domestic violence, drunk driving, sexual assault, etc, can be affected by information accessed from social media. Therefore, you should ensure that you do not make suspicious, careless, or incriminating posts on your social media, even if you have not been charged with a crime or you have no criminal record.

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