Under investigation? Stay off social media

On Behalf of | Mar 22, 2024 | White Collar Crimes

If you are like most American adults, you probably use social media platforms to chronicle your thoughts, document your actions and engage in interactions with others’ content. However, if you are under criminal investigation, participating in these online spaces can significantly complicate your legal situation.

Ultimately, the reasons to refrain from social media use during such a critical time are both numerous and compelling. As such, you should strongly consider “logging off” until you are no longer under investigation.

Why is social media use so potentially consequential?

Anything you post on social media can be considered a public statement. Law enforcement agencies and prosecutors can access this content and use it as evidence in court. Even seemingly innocent comments can be taken out of context and presented in a manner that may not be favorable to your case.

Additionally, your digital footprint, including location data and timestamps on posts or photos, can contradict your alibi or other statements made during the investigation. Prosecutors might use this information to establish a timeline of events that challenges your defense, potentially undermining your credibility.

Due to these disturbing realities, you might be tempted to delete past posts or your account entirely to prevent scrutiny. However, this action can be interpreted as an attempt to destroy evidence, which could lead to further legal complications. Law enforcement can retrieve deleted content, and the act of deletion itself could be used against you in court. As such, it’s generally wise to seek legal guidance before deleting content or your accounts.

Finally emotional or impulsive reactions to the investigation or public comments about your case can lead to posts that you might later regret. Given how much is at stake right now, it is wise to just log off.

FindLaw Network
Gary Jay Kaufman
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