Social Media in Criminal Cases

Imagine sitting in court fighting for your freedom, and you hear, “The Prosecution would like to introduce a video taken from the defendant’s social media page.” It’s not a situation that you want to be in, but it happens in criminal cases with increasing frequency.

Social media has become a part of many people’s lives, as millions of adults use social media regularly. They post pictures, videos, and/or information for all to see. But, although social media can be fun or helpful, it can also create problems for some of its users. Social media can play a significant role in a criminal case. 

A video of you talking or making statements on your social media can possibly be used against you in a court of law. However, Louisiana’s hearsay rule is a rule against out-of-court statements being entered into evidence at a trial. Not every out-of-court statement is considered hearsay. To learn more, the Louisiana criminal defense attorney at The Law Offices of Philip B. Adams details more on this below.

The Rule

Louisiana Code of Evidence Rule 801(d)(2) states explicitly that personal, adopted, or authorized admissions are not hearsay. Rule 801(d) goes on to explain that a statement is not hearsay if it is offered against a party and is:

a) His/Her own statement, in either his/her individual or a representative capacity
b) A statement of which he/her has manifested his/her adoption or belief in its truth
c) A statement by a person authorized by him/her to make a statement concerning the subject

What Does That Mean?

That means that if you are charged with a crime, it is possible that statements that may be relevant to the charged offense, which are made by you, adopted by you, or made by a person with your permission, and posted on your social media, can potentially be used in court against you as evidence and shown to the judge or jury. So it’s a good idea to not admit on your social media to participating in criminal activity. 

Don’t talk about beating someone up, don’t talk about stealing, don’t talk about weapons you have, and don’t explain financial hacks that you use, which may be fraudulent. You get where this is going – just don’t unless you want it to be used against you in court. Additionally, and it should go without saying, never post a video of you committing a crime. However, if you find yourself in a situation where your social media is possibly going to be used against you, a good lawyer can be invaluable. 

Call a Louisiana Criminal Defense Attorney Today

The Law Offices of Philip B. Adams are experienced Louisiana criminal lawyers who are proficient in the rules of evidence and understand how to raise the critical issues regarding potentially prejudicial evidence retrieved from social media. We are here to fight for your rights and fight to keep things posted on your social media out of the trial. We have a strong criminal defense practice, and our firm has represented individuals in criminal cases throughout the state of Louisiana for years. 

To learn more information about our firm, contact us to set up a consultation.