Admissibility of Social Media Evidence
Social media evidence in West Virginia is very appealing to the court system. The information digitally documented is often spontaneous, relatively permanent, and easily accessible. The American Bar Association tells us how courts use social media sites for discovery. As society continues to use digital media, information that was once private is now public. Clients should become familiar with admissible social media evidence in West Virginia.
This month, we will explain what admissible social media evidence in West Virginia is. First, we explain how courts can use social media evidence against you. Then, we will talk about how social media evidence, directly and indirectly, impacts criminal defense cases. Summers & Associates is proud to educate our clients about admissible social media evidence in West Virginia.
How Can Courts Use Social Media Evidence Against You?
Most of us think of social media as a trumpet for our thoughts. We share ups and downs, along with a few strong opinions on different matters. Transmitting your thoughts to hundreds of eager listeners can have consequences, if you’re not careful. It’s crucial to remember that courts consider digital content as evidence and discoverable. Here are some examples of how courts can use digital evidence against you:
- If something was publicly posted or messaged on the Internet, there is no reasonable expectation of privacy.
- Courts can use any part of the social media account made publicly available to prove that additional information exists.
Notably, courts can use social media evidence against you even if you did not share the content. For example, if someone posts a picture of you partaking in an illegal activity, the court can use this photo. If you’re not careful, posting something on social media that you don’t want people to see can harm you. It’s important to be careful before posting anything because someone is always watching.
Here’s How Social Media Can Directly Impact Criminal Cases
Here’s a hypothetical situation: Law enforcement accuses Jim of assaulting his ex-girlfriend, Sarah. While investigating the incident, detectives discover several Instagram and Facebook comments that Jim made. In these comments, he threatens Sarah on four separate occasions because she has a new partner. This type of evidence used with other evidence or witness testimony can support the prosecution’s case against Jim. It’s important to note that the defense and prosecution can use digital evidence in criminal defense cases. However, the evidence’s admissibility will vary on a case-by-case basis.
Social Media Evidence Can Also Indirectly Impact Criminal Cases
Here’s another example of how Facebook can indirectly impact a criminal defense case. The police accuse Andrew of stealing a flat-screen television. Officers investigate by checking Andrew’s public Facebook profile. They find a photo of him with a TV matching the description of the stolen one. Police use this photo to obtain a search warrant. They charge Andrew for theft and burglary because he allegedly went into his neighbor’s house to take the television.
How Can Privacy Settings Affect Digital Evidence?
A private account or a message sent to one person has a reasonable expectation of privacy. However, public posts or accounts may not have that expectation. This situation is a gray area when it comes to digital evidence in criminal cases. In this situation, it’s essential to review matters with an experienced attorney. Private messages and accounts can remain confidential. Taking the time to discuss this matter with an attorney can save you a lot of stress. The last thing anyone needs at a time like this is more added stress.
Does Deleting Social Media Protect Someone From Criminal Charges?
It’s not wise for someone facing criminal charges to delete their social media platforms. The rules of evidence apply to all of their accounts. Deleting your account in reaction to criminal charges may lead to a charge of destruction of evidence. In other words, deleting your account cannot protect you from criminal charges. It can only make matters worse. A person facing criminal charges should seek advice from an attorney to learn how to manage their accounts. It’s critical that they be careful when using social media during the trial and going forward. Discussing this issue with an attorney can go a long way in saving you stress during an already difficult time.
Summers & Associates Offers First-Rate Criminal Defense Service
The compassionate attorneys at Summers & Associates have helped residents with criminal defense cases. We have many years of legal experience and believe that every case is important and unique. Summers & Associates prides itself on offering honest advice and high-quality representation. We use our expertise to uphold your constitutional right to legal counsel when accused of a crime.
Summers & Associates has developed an outstanding reputation throughout Parkersburg, WV, for providing criminal defense and other legal services. With a convenient location on Dudley Avenue, we work with individuals and families throughout the Mountain State. For many years, our law office has aided residents who require prompt and professional legal representation. To learn more about our criminal defense services, contact us.
For more information on social media evidence in West Virginia, call Summers & Associates at (304) 420-0975. Our law office brings many years of legal experience to the office every day while proudly serving the Mountain State. We pride ourselves on educating our customers about social media evidence in West Virginia.