If you commit a crime and then post about it on social media, those posts could become evidence used against you by the prosecution. It is not uncommon for a person’s social media to include statements, photos, or implications of the activities they engage in. Social media is not private. Before you post anything about what is occurring in your situation, talk to an Oklahoma City criminal defense lawyer and learn how social media posts can be used against you in a court of law.
When Can Social Media Be Evidence in Oklahoma
Social media content includes any type of post or remark you leave online. This includes websites like Facebook, Instagram, TikTok, and others. Social media posts are accessible even if you believe the provider locked down your account to protect your privacy.
For law enforcement to use social media posts and content against you in a case, they must demonstrate that it meets the legal standards for admissibility. This includes:
- It is relevant to the case. The content provided must be directly relevant to the claim being made against you. It may also be relevant if it does not support the defense you provide to law enforcement.
- The content is authentic. With artificial intelligence, this is more complex than ever. However, law enforcement must ensure that the person posting the content is you and can authenticate it. Law enforcement must identify the person who posted the content (even if it was not you). They must comply with all Oklahoma laws regarding evidence retrieval and verification.
- They cannot be hearsay. It is common for social media posts to seem to be hearsay, especially if they do not come from you. The court may allow the submission of social media posts if they fall under an exception to the hearsay rule. For example, law enforcement may use them if you post directly about the incident.
Social media posts carry a significant amount of weight in cases like this. For that reason, it is critical to utilize the support of an Oklahoma City rape defense attorney if law enforcement bases your charges on social media content you or someone else posted.
Defenses Against Social Media Evidence
With the help of an attorney, you gain a better understanding of what defense strategies may apply to you to refute these claims. There are several factors to keep in mind as you take those steps:
- Prove tampering occurred. AI is just one way people can manipulate social media posts to make them appear to be from you. If you can show the posts are inauthentic, that can work against you.
- Avoid deleting comments. The court could see this as evidence tampering. Law enforcement can typically recover deleted content, so tampering with it is not worthwhile.
- The scope of discovery matters. Police must follow the law in gathering evidence like this. The court generally does not allow requests for an entire social media account. The requests must be specific to your case.
If you are facing criminal charges related to social media posts, hire a criminal defense attorney in Oklahoma City to protect your rights. This includes finding ways to discredit or have those posts thrown out of court, even if you did post them on your account.
