Social media is a big part of daily life, but it can easily complicate a criminal case. In this blog an experienced criminal lawyer in Toronto explains how social media can impact criminal cases and what you can do to minimize your risk.
How Police and Prosecutors Use Social Media Evidence
The police and the prosecution look for the following types of social media evidence:
Illegal Posts
Some posts are crimes in and of themselves. For example:
- Threats: Posting comments such as โIโm going to kill youโ or โI will burn your house downโ could lead to charges, even if they are meant as a joke.
- Harassment: Repeatedly messaging or intimidating someone using social media can be charged as criminal harassment or cyberbullying.
- Hate speech: Racist, homophobic, or other discriminatory content that has the potential to incite violence is illegal in Canada.
- Illegal sexual content: Sharing explicit content involving minors is a serious crime. In Canada these laws are very broad, encompassing visual depictions, audio recordings, and even drawings. Sharing intimate images of someone without their consent (commonly known as โrevenge pornโ) is also illegal.
- Encouraging crimes: Even if a crime never occurs, suggesting or planning illegal acts can lead to criminal charges.
In these cases, you could be charged for the posts alone. Hiring an experienced criminal lawyer with a Toronto practice is crucial to challenging this evidence.
Social Media Posts as Evidence of a Crime
Even social media posts that are not criminal can still provide evidence.
- Direct evidence of guilt
- Admissions of guilt
- Photos or videos of the crime in progress
- Evidence of planning or premeditation
- Possible motives
- Posts discussing or hinting at criminal acts
- Indirect evidence
- Geotagged posts putting you at or near the crime scene
- Posts about your state of mind or emotions
- Statements that differ from the ones you made to the police
Even innocent posts, such as vacation photos, can be used by the prosecution. For example, if you are accused of fraud then photos of you at an expensive resort could be used as evidence that you have suddenly come into money. Every criminal lawyer with Toronto experience has dealt with similar situations and can help you navigate these challenges successfully.
Social Media and Privacy Rights
Public accounts and posts are fair game for police, but private accounts and posts usually require a warrant or subpoena. The criminal lawyer for your Toronto case can help by challenging the legality of warrants used for this purpose, citing your right to privacy.
How to Use Social Media During a Case
If you are charged with a crime, consult with a criminal lawyer in Toronto about best practices for social media use. In general, follow these guidelines:
Limit Posting
Do not post to social media during your case. Even harmless posts could be misinterpreted or presented out of context.
Do Not Delete Posts
Deleting posts may look like tampering. The police may already have screenshots of your posts or may be able to recover deleted ones.
Adjust Your Privacy Settings
Set your accounts to private. Although the police may still be able to access these accounts, it will slow them down. Setting your accounts to private will also keep others from spreading your posts.
Do Not Post About Your Case
You could be accused of interfering with the case if you post about it. For example, if you make negative comments about witnesses the prosecution may claim that you harassed or intimidated them.
Posting about your case can also damage your credibility during the trial. This is particularly relevant for high-profile cases.
When in doubt, consult with a criminal lawyer in Toronto who has experience with the complexities of social media use during a trial.
How a Criminal Lawyer in Toronto Can Help You
A skilled lawyer can minimize the risks your social media poses by:
Protecting Your Privacy Rights
If the police or the prosecution accessed your social media accounts unlawfully, the criminal lawyer for your Toronto case will challenge the admissibility of your posts.
Reviewing your Past Activity
Your criminal lawyer in Toronto can go through your social media to find problematic posts as well as posts that can be used for your defence.
They will also advise you on which posts to delete, and they can prepare context for anything the prosecution plans to use in court.
Advising on Current Use
Your lawyer can suggest boundaries for posting, but they will likely advise you not to post anything at all. They will also recommend changes to privacy settings if appropriate.
Challenging the Authenticity of Social Media Posts
Fake social media posts are very easy to produce and spread. The criminal lawyer for your Toronto trial may argue that the evidence is fabricated, that your account was hacked, or that someone else had access to your account.
Monitoring Other Accounts
Your legal team will keep an eye on the accounts of witnesses and other parties involved in your case. They will look for posts that are helpful in your defence, as well as misinformation other parties may be disseminating.
General Guidelines About Social Media Use
Everyone should be cautious about what they post on social media, whether they have been charged with a crime or not. Protect yourself from unfair prosecution by following these guidelines offered by a very experienced criminal lawyer in Toronto:
- Use privacy controls, 2-factor authentication, and strong passwords
- Avoid posting content that could be seen as threatening. Avoid jokes or sarcasm if discussing a sensitive topic.
- Steer clear of controversial topics; posts about these can be misconstrued or taken out of context.
- Be aware of what is illegal in Canada, which could be different from U.S. standards. Since we get a lot of our legal information from high-profile U.S. cases, it can be easy to make a mistake. Hate speech and child exploitation laws, for example, are more restrictive in Canada.
- Do not destroy evidence, even if you were not involved in the crime.
- If you are arrested, cooperate with the police but do not volunteer information or give them access without first speaking to a criminal lawyer in Toronto. Keep a record of all your interactions with the authorities.
About Zamani Law
If you need a skilled criminal lawyer in Toronto who understands the complexities of social media and how it can affect your case, contact Zamani Law.
Our team, led by renowned criminal lawyer Farid Zamani, has the skill, technological knowledge, and personnel to scour social media, identify posts that may exonerate you, evaluate the evidence against you, and challenge it in court. We will leave no stone unturned to protect your rights and ensure that justice is served.
Contact Zamani Law today for a free consultation.
