For the most part, anything you post on social media is part of the public domain, which means that those seemingly funny drug-related comments and pictures that you posted last month while you were on vacation can come back to haunt you if you are facing a drug charge.
While you and your friends might have meant no harm by your drug-related humor, a prosecutor might not be so understanding of your explanation. While there is a veneer of privacy when it comes to your social media accounts, the law has made it clear that information from your social media can be used against you in court if it is relevant to your case.
Hitting You Where You Live
An article in Forbes entitled Here’s How Social Media Can Be Used Against You In Court makes some very pointed observations. The article points out that we have gotten to a place with social media and the law in which courts are more than willing to accept information that is gleaned from social media (whether it is for or against you). Ultimately, you should assume that literally anything you post amounts to evidence that is discoverable.
The idea that information found on social media will not hold in court because it amounts to illegally obtained evidence only applies to law enforcement – not to your neighbor, ex, or coworker who digs something up on Facebook. For example, if you and your buddy exchange messages that refer to drug activity via a messenger app – thinking it is a private way to let your hair down – you are sadly mistaken. Any incriminating messages that come to light will almost certainly be admitted by the court.
Your Drug Charge
If you are facing a drug charge, your social media posts can circle back to haunt you in all the following forms:
Written posts that reference drug use
Pictures of you smoking something illegal or engaging in any other illegal drug activity
Drug-related private messages
No matter how light-hearted or zany you intended these online offerings to be, the prosecution is not going to see them that way.
Do Not Start Deleting Posts
If you are facing a drug charge, going in and deleting drug-related posts as fast as you can is not the answer. The fact is that doing so can be deemed the destruction of relevant evidence, which can adversely affect your case. A better idea is to reach out to a dedicated criminal defense attorney sooner rather than later.
Do Not Put off Consulting with an Experienced Criminal Defense Attorney
If you are facing drug charges, Brett Pritchard at The Law Office of Brett H. Pritchard in Killeen, Texas, is a well-respected criminal defense attorney who has the legal savvy and drive to help guide your case toward its best possible resolution. We are here for you, so please do not hesitate to contact or call us at 254-501-4040 for more information today.