After being arrested in Indiana, life doesn’t go on as usual. You’ll have to be especially careful about how you’re perceived, whether in real life or online, to ensure that you won’t accidentally jeopardize your case. Unfortunately, some defendants don’t realize that the information they share on social media after an arrest can work against them.
Take a look at these four social media mistakes to avoid after an arrest.
Mistake #1: Assuming that the information you post is private.
When using social media after an arrest, always assume that anyone in the world can see your posts, including the prosecutor’s office. Prosecutors often monitor social media accounts of defendants because they can use incriminating posts, photos or tweets against you in court.
Don’t assume that engaging privacy setting is sufficient protection. Online privacy is remarkably fragile. If someone shares a copy or screenshot of your post, you could still land in hot water.
Mistake #2: Referring to your case
You should never, ever talk about or make even a veiled reference to your case on social media. Again, assume that prosecutors or hostile witnesses are watching your accounts, hoping that you’ll accidentally disclose information helpful to their case against you. Don’t shoot yourself in the foot in this way.
Mistake #3: Posting incriminating information or photos
Some people incriminate themselves by posting information that contradicts statements they made to the police or the court. For example, after you’ve been arrested for Operating While Intoxicated (OWI), it’s not wise to post a photo of yourself guzzling from a keg or talking about how hammered you got the night you were arrested. Even posting a picture of you pouring a glass of wine for someone else could work against you. In short, avoid posting anything about yourself that the state or a jury could interpret negatively.
Mistake #4: Allowing family or friends to tag you.
Your loved ones might accidentally incriminate you when they tag you in posts or photos. To use the OWI example again, friends and family might playful talk about how drunk you were on the day of your arrest, or post photos of you holding a glass of wine or beer. A prosecutor could easily access these photos and use them against you. Facebook allows you to prevent people from tagging you, but other social media channels don’t. To be safe, it’s best to ask friends and family not to tag you on social media posts post-arrest.
The experienced criminal defense attorneys at Razumich & Associates can help you avoid making critical mistakes after an arrest, and work with you to plot a strategic path forward. Call us today at (317) 983-5333.