In today's age, you'd be surprised how many people facing criminal cases have a good defense, only to throw it away by incriminating themselves via social media. Trust me, there's no need to live tweet every detail of your criminal case to the internet. If you're telling it to Facebook, you might as well say it to the judge. So many people are unaware of social media's impact on an open case.
Too many people think that social media is all laughs and memes. But the truth is that any post, comment, photo, or video shared online can be used against you in court. If the judge wasn't aware of something but you posted about it on Instagram, you just provided the case evidence against you. The best strategy is to keep a low profile and avoid social media.
Keeping a low profile is essential not only for the person directly involved in the case. Witnesses need to think twice before posting on social media because opposing counsel can expose inconsistencies between witness statements and their social media posts or evidence of bias, casting doubt on the reliability of their testimony and affecting the overall strength of the case.
Jurors may be exposed to information, opinions, or misinformation shared on social media. This can alter their views and potentially create biases that affect their ability to participate in the case.
If you were wondering how incriminating yourself on social media works, I can show you better than I can explain.
In 2018, rapper Kodak Black was arrested after he started live-streaming on Instagram Live, and a child was seen near drugs and guns in the background.
Exhibit B:
In 2022, a Chicago rapper named Punchmade Dev had some of his songs go viral on TikTok. Although the songs were catchy, they went viral because the lyrics very carefully depicted how to commit credit card fraud in any state in the U.S. Punchmade Dev was later arrested, and his lyrics were used against him in court.
Exhibit C:
In 2022, superstar rapper Young Thug was involved in RICO allegations. Surprisingly enough, the case became federal, and several of the rapper's lyrics were called into question. The case lists lyrics from songs released by Young Thug as far back as 2014.
At Borell Law, our best advice is to stay away from social media during an open case. But if you do end up wandering on the internet, follow us @BorellLawOffices to stay up to date with news, tips, & more information.
