Can Posting on Social Media Hurt My Criminal Case?

The short answer is, Yes. Social media is everywhere. It hits us from all directions and sucks us into it. Even more, the platforms available are everywhere whether it is twitter, facebook, tik tok, you tube, instagram and more.. For a lot of us, posting on social media is an essential part of how we live our lives to the point that we don’t even think about what we are posting. While this may be fine, if you are charged with a crime in Minnesota, this could open you up to a level of scrutiny and intrusiveness that you never imagined. If you are facing criminal charges in Minnesota, and social media is a part of the Government’s case against you, make sure you consult with a Minnesota criminal defense attorney.

“Everything that you post online and every site you visit may be accessible by law enforcement and used against you. Think about what that means.”

If I’m Charged with a Crime, How can my Social Media Hurt Me? 

Regardless of your privacy settings, a forensic analysis of your computers, your phones, you other devices and search warrants from various websites and media companies, law enforcement may very well get at everything you have been doing. Some things like child pornography may be obvious but other things may not. When facing serious Minnesota cimrinal charges, your social media presence may be used against you. Examples include:

  • Illicit material and websites: As mentioned above, this may include access to and possession and distribution of child pornography.;

  • Private conversations: Lets me clear, “private messaging” may not be so private. This could result in everything that you write and it may be used against you. Think about the things that you think you are writing, texting and more.

  • Location tracking: Many users share their locations on media platforms because it provides convenience. Some platforms do it automatically, However, the net result is the potential to track a user’s location and this could hugely impact a case. Also, cell-tower triangulation can place people within a matter of meters in certain cases.

  • State of Mind: Law enforcement could take statements or other posts and use them to argue a person’s motives, state of mind, emotions, and more. This could lock somebody into unhelpful positions. Admissions are even worse.

  • Permanence: Some posts that may seem innocuous at the time could be interpreted much differently once charges are filed. People posting lifestyle photos or guns or money or trips or more, even if deleted, sometimes exist forever on the internet and for law enforcement.

If you are facing serious criminal charges in Minnesota and law enforcement and the Government is using social media, cell phone locations and more against you, you need to know you rights. As importantly, you need to do know what you should do next. Contact an experienced Minnesota criminal defense attorney for more.

Jack Rice is an awarded winning criminal defense attorney and a 2023 Super Lawyer. He is also a former prosecutor, former CIA Officer and a Board Certified Criminal Law Specialist. He is also the Founder of Jack Rice Defense, a boutique criminal defense firm located in the historic Dacotah Building on Cathedral Hill in St. Paul, Minnesota. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339.

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