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The use of social media has become so prevalent in our daily lives that it can be used as evidence in criminal cases. Although it is common knowledge that public (or even private) social media posts can be used as evidence, what about the deleted ones? Understanding the implications of deleting social media posts is crucial, as it can significantly impact a case. However, this can be legally complicated, and it is highly recommended that you hire a good lawyer to ensure your rights aren’t trampled upon.
Can the Court Access Deleted Content?
Yes, even if you delete the post, the Court may still obtain those posts through a subpoena. A subpoena is a formal court order requiring you to comply with certain instructions–including having law enforcement access your deleted content. To know more about subpoenas, check out our previous blog,“What is a Subpoena”.
Through a subpoena, law enforcement can access your deleted social media posts, even when you think it is gone from the internet. Deleting your digital footprint is extremely difficult, and digital forensics has evolved so much that it can access and retrieve deleted data. That’s why deleting a post that might put you in a tight spot will not assure your escape from accountability; at the same time, a deleted post that could have been used to support your case does not mean your battle is over.
What Kind of Posts Harm My Case?
Your freedom of expression has its limitations; that’s why it is not a defense that you can easily invoke. Yes, you can post photos, talk about your day like it’s a digital journal, or express your concerns about an issue that matters to you; however, if it involves an illegal act or is harmful, it can be used against you. Specifically, the posts that might not do you any good during a case are:
- Threatening messages or posts
- Comments or images that contradict an alibi
- Anything that contradicts your previous testimony or could cast doubt on your claims during an investigation
- Information that identifies your location before, during, and after an alleged crime
- Comments by family or friends that could be misinterpreted
How Should I Handle My Social Media Account During a Criminal Case?
Two words: with caution. Always remember that investigators can use any post, comment, photo, video, someone’s tag of you, or a tagged location against you. Do a security sweep on your account and remove strangers on your friend list, and make sure that all of your old and future posts are set to private. Don’t accept friend or follow requests from strangers, either. Not even those who are vaguely familiar. Although legally, law enforcers could still access your private posts, this weeds out strangers who may have malicious intentions.
Aside from being wary of strangers on social media, you should tell your family and friends to be cautious. Tell them to take precautions when posting about you and avoid posts that might be misinterpreted. Investigators may check their accounts, use their content against you, and/or call them for an interrogation. Avoid talking about your case to them on messages, either.
More importantly, do not delete any of your posts on social media. Since law enforcers can access your deleted data, if they discover that you deleted posts–especially those that are related to the case–they might see it as tampering with evidence. This can lead to additional legal consequences.
Lastly, you need to be transparent with your counsel and discuss your case with them thoroughly. Remember, it is always safe to speak to your counsel, even on social media, because of attorney-client privilege. Your attorney is the one who can represent you and fight for your cause in court, and it is important to let them know your circumstances and listen to their legal advice.
Being involved in a criminal case can be overwhelming, and adding social media to the matter can complicate it further. That’s why you need to have a lawyer by your side. The Edgett Law Firm has competent criminal defense lawyers who will listen to your story and help you explore your options. Call 972-424-0760 or go to edgettlawfirm.com/contact so that you get the best legal help.
