Can Social Media Help (or Hurt) Me In My Domestic Violence Case in Seattle?

If you have been charged with domestic violence, the officers will warn you that anything you say can and will be used against you. This is your “Miranda warning” and pertains to anything you say or any actions from then on. You may not realize that the “warning” also pertains to digital evidence such as social media posts, emails, texts, etc. Additionally, old social media posts, emails, etc. could harm your case, defense, and credibility.

Almost everyone in our society today uses social media, such as Facebook, Instagram, Twitter, TikTok, and more, to connect with friends, family, and even business relationships. However, anything you post about your criminal charge (good and bad) will be used to prove the prosecutor’s case and could have a dire and limiting effect on mounting a successful defense.
Many people use social media to post personal and intimate information. If this information pertains to your case in any manner, it can and usually will be used against you and can be highly detrimental.

In practically all current domestic violence cases, social media posts are used to uncover evidence, confirm or discredit a possible alibi, discover illegal connections, discover incriminatory statements, and much more; you may think these posts, emails, etc. are private, but in a criminal domestic violence case they are not. So, Suppose you are charged with domestic violence in Seattle. In that case, you must consult with a qualified, experienced, and knowledgeable criminal defense lawyer who is well-versed in the effects of social media on your case, both good and bad. Also, you must do this as soon as possible. Numerous law firms are not as familiar as they should be in working with social media posts and how they can be used for your defense and against you. So, consulting with a Seattle criminal law firm that is an expert in social media use and misuse is critical.

What Are Some Ways My Social Media Can Be Used To Harm My Domestic Violence Defense?

If you’ve been charged with a criminal violation, the arresting officers will always warn you that anything you say can and will be used against you. It is critical to note that this “Miranda warning” pertains to everything you say, do, and especially what you post on social media, etc., from that moment on. Every day, the courts are finding new ways to use social media against and for defendants, as well as the platforms themselves.

Usually, the authorities will investigate your case, contact witnesses, search your residence, etc., and, in today’s technically oriented environment, look at everything you post on social media, past or present. Everything you have posted can and usually will be used as evidence to prove the state’s case; you may have thought this information was private, but that is very far from the truth.
Therefore, if the information is related to your criminal charge, no matter what platform you use, be it Facebook, Instagram, Twitter, TikTok, or more, it can be used to prove the prosecutor’s case (and possibly in your defense) and provide sound evidence for or against you.

What Social Media Information May My Lawyer Use To Build My Defense?

Suppose your detail-oriented and thorough criminal defense lawyer finds anything in your social media that can be a tool to support your domestic violence defense. In that case, they most certainly will use it. Although it is digital information, it is usually factual and will be very difficult for the prosecution to refute; however, the information must be relevant. Past posts can’t be changed, and they can sometimes be detrimental. However, as soon as you contact your lawyer and they feel you have incriminating content, they will begin to work to mitigate the harm this content might do and ensure nothing else derogatory to you or your defense is posted.

Just some of the things the court and your lawyer will look for at are:

  • Your call log history.
  • GPS data history that may affect your defense.
  • Threats and other emotionally abusive texts.
  • Metadata with photos showing exactly when and where a photograph of the crime or abuse was taken, and more.

In almost all current criminal cases, your social media is used to find evidence against you, confirm or discredit any possible alibi you may have, develop illegal connections to incriminate you, discover incriminatory or inflammatory statements, and much more. But many posts, calls, GPS data, etc., may support your case, and your highly experienced, well-versed criminal defense lawyer will use it in your defense. If social media does uncover incriminating evidence, the best thing to do is consult with a qualified, experienced, and knowledgeable criminal defense lawyer as soon as possible. Some of this evidence may be disallowed, but the sooner your lawyer knows about it, the better.

Can Digital Evidence (Social Media) Assist Me in My Domestic Violence Defense?

The simple answer is yes; at times, social media can potentially play a role in forming a defense in your domestic violence case, but when doing this, your skilled and experienced lawyer will always proceed with caution. In most legal cases, the prosecution and defense teams can find ways to use the content shared on social media.
The following are just some of the ways social media may impact your domestic violence defense:

  • Finding evidence in your favor: There may be posts, messages, photos, etc., that support your side of the story. Therefore, your social media may serve as a tool for gathering evidence to support your defense. Additionally, If you have a history of non-violent behavior, social media posts help demonstrate your character and refute the accusations against you.
  • Contradictory Evidence from the Victim – Sometimes, the victim might post something on social media that contradicts their testimony. Or, your social media can provide a timeline of your activities, potentially showing that you were not near the scene or that your behavior was not as described.
  • Social media used in the discovery process – The prosecution has the right to request access to your social media accounts if they believe there’s relevant information. Therefore, your thorough legal defense team might need to control or monitor what’s posted publicly.
  • Possible legal and privacy concerns – Both your attorney and the prosecution can easily access all your public digital posts. Therefore, it never helps to post anything about your case until it’s resolved.

Just remember that there’s always a flip side, and If you’re facing domestic violence charges in Seattle, it’s crucial to consult with a qualified, empathetic, and highly skilled criminal defense lawyer who understands local laws and can help you navigate the complexities of using social media in your defense.

Digital Media Posts May Affect My Seattle Domestic Violence Case; How Should I Proceed?

The first vital thing to remember is to consult a Seattle criminal defense lawyer immediately. The quicker your skilled lawyer is aware of the facts involved in your case, the better your chances of obtaining a positive outcome. Any negative social media posts may be mitigated if your lawyer can work rapidly and “get ahead” of the prosecution’s case. You must note that all criminal convictions can negatively impact you, your family, your business, your freedom, and your entire future.

The criminal defense lawyers at the Law Offices of Kevin Trombold, PLLC, are experienced, aggressive, passionate, and knowledgeable. They have a winning history of building clients’ robust legal defenses, including those cases relying on numerous social media allegations. Call them today at 206-590-7667 for a free consultation on your unique case. Don’t hesitate, as your future may be on the line, so don’t leave anything to chance!