Social media is now integrated into our daily life and is also increasingly becoming a source of evidence in criminal trials. Tweets, photos, private messages, check-ins, tags, and even deleted texts and imagery could be used in court. The trivial comments made on social media today could influence the outcome of a criminal trial years down the line.
How Social Media Becomes Evidence
Law enforcement and prosecutors often visit and review the social media profiles of the general public. A simple screenshot of a public post, comment, or photo can be introduced into evidence without much trouble. For more serious matters, a production order or search warrant may be used to retrieve private messages, deleted items, or other account data from the service provider.
Common examples of social media evidence in criminal cases include:
- Any photos or videos of the subject with weapons, drugs, or stolen items.
- Communications that imply intent, planning, or threats
- Location check-ins, Geotags – tags someone at a location at a certain time.
- Comments or postings made subsequent to an alleged offence which contradict the version of events given by an individual
- Communications between co-accused individuals
Deleted content isn’t always permanently deleted. Online sites keep a copy of information on their servers, and forensic tools may be capable of retrieving deleted messages or posts, which can then be used by the prosecution.
Why Social Media Evidence Can Be Risky
Anything you put on social media can be distorted. A joke, sarcastic comment, or an old photo can be manipulated to distort the true sense of who that person really is or what they meant. Accounts can be compromised, spoofed, or accessed by someone other than the owner, so questions come up as to who actually wrote the message.
Serious problems with authentication also arise. In order for social media evidence to be accepted in a court of law, the party citing the evidence usually needs to prove its authenticity, unaltered state, and that it can be reasonably associated with the accused. Screenshots can be manipulated, as can some information in metadata; therefore, courts are reluctant to rely on this evidence as presented.
Privacy and the Charter
The method by which the police obtain the social media evidence is equally important. If the police use a search warrant to access a person’s private account, messages, or information without legal authority, that evidence may have been obtained in violation of that person’s rights under the Canadian Charter of Rights and Freedoms. An experienced defence lawyer will look at the method by which the evidence was obtained and whether a warrant was required and obtained. If the collection method was flawed, the court may consider excluding the evidence entirely.
Social Media’s Impact on Bail Hearings
Social media evidence does not only come out at trial. Instead, it is often used much earlier-at the bail stage. When arguing that someone should not be released from custody, Crown attorneys will sometimes examine a person’s social media history and use it to portray a pattern of anti-social behaviour, community ties between co-accused, or material that is inconsistent with a proposed release plan. For this reason, it is so important to have skilled bail hearing lawyers Milton relies on, as the handling of this evidence at the bail hearing can have a major impact on whether someone is released from custody to await trial.
A well-trained criminal lawyer in Milton should be able to foresee these problems, deal with damaging social media posts early on, and put forward a release plan that will withstand any challenge by the Crown about how the accused behaved online.
Protecting Yourself If You’re Facing Charges
You should be very careful with everything you post, text, or upload online (including private group chats) if you are either being investigated or charged with a crime. Do not delete anything that pertains to your case once you are aware that the police are investigating you. Doing this will be considered destruction of evidence and could end up harming you rather than helping you. Always consult with a lawyer before doing anything to your online accounts.
A strong legal team will be able to scrutinise the collection of social media evidence, cross-examine it, seek to have it excluded where necessary and use it to your advantage in court when it is helpful.
Get the Right Legal Advice
Social media evidence can be very complicated and the effects it can have on a criminal case, including at the bail stage, should not be underestimated. Whether you are looking for the assistance of a bail hearing lawyer Milton residents hold in high regard, or you are seeking representation with a full-service criminal defence firm, the right advocate can make all the difference.
Have criminal charges and worried about social media as evidence? Contact Sukhvir Singh Law at sukhvirsinghlaw.ca for experienced, dedicated legal advice for your criminal case.
