It goes without saying that if posts you’ve made on your various social media accounts help prosecutors build a case against you, they’re going to want to use them. You can bet that law enforcement has done everything in its power to review your social media accounts, looking for that evidence. 

You’d be surprised what they’ve used, too. We’ve seen items of clothing incriminate people in major crimes before. Social media has been used in everything from DWI cases to murder investigations. 

This is usually all too easy as many people don’t keep their information particularly private to begin with. We recommend most people check their privacy settings and ensure most of their posts aren’t available to the general public. 

We always advise clients to stay off social media when involved in a criminal case. Nevertheless, simply staying off social media does not guarantee that it won’t be a factor in your case. 

Can law enforcement get social media companies to turn over private information? 

Sometimes. 

Social media companies are often quite willing to share information with prosecutors in a criminal case. They usually aren’t so friendly to the defense.

Nevertheless, law enforcement must meet certain criteria in order to get private information. They must generally show there is sufficient likelihood that there will be relevant information to find.

If they’re looking at public information, they may seek proof of ownership to prove the account is yours and not someone else’s, a move they will make in order to prevent defense lawyers like us from using that particular defense.    

They must also follow the law when accessing your account. They can’t assume your identity, create a fake account, or hack into your accounts to gain the information. If they do, they may themselves be breaking the law, and as your defense attorneys we can certainly use such behavior to have any relevant evidence suppressed.

Should I delete all my social media posts?

No. What’s already out there is out there. 

If you try to delete content you may be accused of tampering with the evidence, which can lead to additional criminal charges. You can be charged with tampering with the evidence even if you are acquitted for the original crime. 

In fact, law enforcement may present social media companies with preservation requests to “snapshot” certain content at certain times specifically to make sure they can get your information before you delete it. They have to obtain a warrant to do so, of course, but once you’ve been charged this generally won’t be very hard. 

Do social media posts ever help the defense? 

Of course. We’ve found exculpatory evidence in all sorts of cases.

In fact, we recommend sharing your social accounts with us so we can search for any evidence which might help.

For example, if the prosecution is complaining you are at Location A at Time A and we can show you were at Location B at that same time simply by pulling up a time and date stamped photo, then we have a great alibi for you.

You should also tell us if you are “friends” with any of the witnesses, as their own social media accounts could provide interesting information as well. 

See also: 

What is a Keyword Warrant and How Might it Impact Your Houston, TX Criminal Case?

5 Mistakes You Need to Avoid in Your Houston, TX Criminal Case 

What Houston, TX Residents Need to Know About Cyberstalking

 

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It goes without saying that if posts you’ve made on your various social media accounts help prosecutors build a case against you, they’re going to want to use them. You can bet that law enforcement has done everything in its power to review your social media accounts, looking for that evidence. 

You’d be surprised what they’ve used, too. We’ve seen items of clothing incriminate people in major crimes before. Social media has been used in everything from DWI cases to murder investigations. 

This is usually all too easy as many people don’t keep their information particularly private to begin with. We recommend most people check their privacy settings and ensure most of their posts aren’t available to the general public. 

We always advise clients to stay off social media when involved in a criminal case. Nevertheless, simply staying off social media does not guarantee that it won’t be a factor in your case. 

Can law enforcement get social media companies to turn over private information? 

Sometimes. 

Social media companies are often quite willing to share information with prosecutors in a criminal case. They usually aren’t so friendly to the defense.

Nevertheless, law enforcement must meet certain criteria in order to get private information. They must generally show there is sufficient likelihood that there will be relevant information to find.

If they’re looking at public information, they may seek proof of ownership to prove the account is yours and not someone else’s, a move they will make in order to prevent defense lawyers like us from using that particular defense.    

They must also follow the law when accessing your account. They can’t assume your identity, create a fake account, or hack into your accounts to gain the information. If they do, they may themselves be breaking the law, and as your defense attorneys we can certainly use such behavior to have any relevant evidence suppressed.

Should I delete all my social media posts?

No. What’s already out there is out there. 

If you try to delete content you may be accused of tampering with the evidence, which can lead to additional criminal charges. You can be charged with tampering with the evidence even if you are acquitted for the original crime. 

In fact, law enforcement may present social media companies with preservation requests to “snapshot” certain content at certain times specifically to make sure they can get your information before you delete it. They have to obtain a warrant to do so, of course, but once you’ve been charged this generally won’t be very hard. 

Do social media posts ever help the defense? 

Of course. We’ve found exculpatory evidence in all sorts of cases.

In fact, we recommend sharing your social accounts with us so we can search for any evidence which might help.

For example, if the prosecution is complaining you are at Location A at Time A and we can show you were at Location B at that same time simply by pulling up a time and date stamped photo, then we have a great alibi for you.

You should also tell us if you are “friends” with any of the witnesses, as their own social media accounts could provide interesting information as well. 

See also: 

What is a Keyword Warrant and How Might it Impact Your Houston, TX Criminal Case?

5 Mistakes You Need to Avoid in Your Houston, TX Criminal Case 

What Houston, TX Residents Need to Know About Cyberstalking

 

AWARDS & RECOGNITION
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Rated 5/5 based on 52 customer reviews

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Kenny McKee
Kenny McKee
17:11 11 Dec 18
They did a great job getting rid of my parking and speeding tickets. I recommended them to my friends and family. And they've also experienced the same professionalism and great quality service at an affordable price.
Brian Gomez
Brian Gomez
16:50 11 Dec 18
Dustan and his staff create the best team. They know the law, and made me feel like I was involved and understood everything that was going on. Dustan took the time to explain to me and my family what we could expect, and then led the way.
Heidi Etter
Heidi Etter
15:33 11 Dec 18
Dustan and his staff helped handle my divorce proceedings. He was incredibly knowledgeable and on top of everything I needed to do. Everything was handled in a timely and professional manner. I’m very thankful for his expertise in helping me to manage a difficult situation.
Jordan Bradshaw
Jordan Bradshaw
15:31 11 Dec 18
The staff at Greco Neyland helped a friend of mine on a case. Everyone was so nice and friendly! I definitely recommend them to anyone who needs someone knowledgeable who also really cares about their clients.
Justin Washington
Justin Washington
23:12 06 Nov 18
Dunstan and the staff at Greco Neyland are truly professional and very helpful and understanding through the process. I was facing a felony case and Dunstan got it no billed . I definitely recommend this firm if you want a lawyer that’s going to defend and fight for you.
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