How Social Media Can Hurt Your Criminal Defense Case In Colorado

In this article, you can discover…

• If posts from social media are admissible as evidence in Colorado.
• The types of posts that can be used as evidence against you.
• If you should delete incriminating social media posts.

Are Posts From Social Media Admissible As Evidence In Colorado Courts?

Social media posts can absolutely be used as evidence in Colorado criminal court, especially if the case goes to trial. Anything you post that shows motive, intent, or knowledge of a crime can potentially be used against you. It depends on the context, timing, and circumstances of the specific content.

As a general rule, you should always be careful of what you’re sharing online. Once it’s out there, even if it seems harmless, any statement you make can be used against you at any time.

What Types Of Posts Can Typically Be Used As Evidence Against You Or Harm Your Case?

Social media posts can come into play in many cases, sometimes not to your detriment, but to your benefit. There have been times when I’ve tried to bring a post on social media as evidence to help my client. For example, if a victim presents themselves one way in court, say, as being conservative or reserved, but their social media shows something completely different, it could challenge their credibility.

There have been cases where I’ve successfully gotten posts admitted because they directly contradicted something another party has said under oath or portrayed themselves to be. That being said, judges are often hesitant to allow this type of evidence in when it involves alleged victims.

The bottom line is that you don’t want to post anything on social media that you wouldn’t want to explain later on. These posts are public, and there’s a real risk of what you post being used against you.

Attorney Nancy Kardon has spent the last three decades of her career helping clients like you navigate and understand the legal system. With her experience and attention to detail, she will work diligently to protect your rights and mount the best defense possible to secure your future.

Still have questions? Ready to get started? Contact Kardon Law, today to schedule an initial consultation.

Call For A Consultation - (213) 513-7753

Can Colorado Prosecutors Access Your Private Messages On Facebook Or Instagram During A Criminal Investigation?

Prosecutors can access your private messages on platforms like Facebook or Instagram, provided they follow the proper legal process. That usually means obtaining a search warrant, which requires showing probable cause that evidence of a crime exists within your messages.

Once they have a valid warrant, they can serve it to the social media companies, and those companies are legally obligated to turn over the requested data. This could include your private messages, but also anything else relevant to the investigation, such as photos or videos.

Should You Delete Incriminating Social Media Posts After Being Charged With A Crime In Colorado?

It is not recommended that you delete incriminating social media posts after being charged with a crime, as it can actually make your situation worse. It’s essentially the digital equivalent of throwing away a weapon after a shooting. You’re actively destroying potential evidence in a criminal case, and you could face additional charges like obstruction of justice.

If you’re concerned that something you’ve posted is incriminating and could potentially be used against you, the best course of action is to speak with your criminal defense attorney right away. I will advise you on the appropriate way to mitigate the harm to your case.

Still Have Questions? Ready To Get Started?

For more information on social media and criminal defense in Colorado, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (213) 513-7753 today.