Avoid These 4 Social Media Mistakes after an Arrest

Virtually everyone has a social media account these days. Among college students, Instagram and TikTok are probably the most popular, with older adults preferring Facebook and Twitter/X. Other popular accounts include YouTube channels.

Although social media allows people to remain connected or offer their opinions on the political controversies of the day, social media is a big headache after an arrest. Too many people make the mistake of posting incriminating evidence. As a result, they hand evidence to the police on a silver platter which can be used to convict them. Avoid these 4 mistakes and call the office of Michael W. Modica to discuss your charges with an experienced Wilmington criminal lawyer.

Mistake #1: Posting About What Happened

Some defendants feel a need to explain why they were arrested, since that is public information. Posting a long defense on Facebook might seem like a good idea, but it really is not. For one thing, you might make some admission that the police do not yet know about. Imagine you are arrested for DUI, but you do not take the breath test. The police have no solid proof that you were intoxicated. Now imagine you post on Facebook that you were arrested “after leaving a bar.” Viola! The police now have evidence you were drinking.

Unfortunately, the police can use any admission like this against you. Your posts might also provide them with tips or leads for finding more evidence.

Here is our advice: you should not post anything about the arrest or the crime in question. Nothing.

Mistake #2: Making Light of Your Arrest

Some people want to ridicule the cops or make a joke about getting arrested. Imagine you are pulled over for drunk driving but make light of smoking a joint before getting behind the wheel. These types of comments could show up at your trial. They also make you look like an unsavory person without respect for the law.

Mistake #3: Keeping Your Profile Public

You should immediately set your profile private and stop adding friends. The last thing you need is for the profile to be public so the District Attorney can scroll through it during a lunch break. They might even have a secretary try to befriend you, so stop adding friends once you have made the profile private.

Mistake #4: Deleting Posts or Other Content

Suppose you mistakenly post something incriminating. What do you do? Some people are tempted to delete the post. That is a mistake—and might qualify as destruction of evidence, which is a crime. Remember, nothing is ever really deleted on the internet, and if the police want to find it, they can. Instead, tell your defense lawyer about any posts you have made, even posts you know are a mistake. We can then scroll through your account and see if the content is really damaging to your defense.

Defending Against a Variety of Criminal Charges

Were you arrested for a felony or misdemeanor? Call our office to speak with a seasoned Wilmington, DE criminal lawyer Michael W. Modica in a free, no-risk consultation.

Source:

pewresearch.org/internet/2024/01/31/americans-social-media-use/