The Use of Social Media in Court and What it Means for You
Social media has become ubiquitous with contemporary living and while there are many benefits to staying connected this way, that range from connecting with friends to landing employment. Social media has also proven useful in providing evidence in criminal cases, furthering advocacy of human rights, and calling out social injustices of our time. These benefits, notwithstanding, the widespread use of social media can breed problems for you in court proceedings.
Social Media Evidence is Admissible in Court Proceedings
The nature of social media now extends beyond our social spheres to courtrooms, and more courts today are happily accepting examining online posts as evidence for or against defendants. For instance, a husband or wife deliberating on a divorce settlement could be feigning economic woes, and yet they are bragging about an expensive vacation online. Such posts can be used against them to prove they are hiding income from their ex-spouse to avoid paying them alimony or child support. There are more instances where social media posts can be used as evidence, and some of these scenarios are as follows:
- Child Custody Deliberations
Going through a divorce is usually not a pleasant affair, and things get even more complicated where children under 18 are involved. Warring parents may be using custody as leverage to hurt their ex-spouse, and things can get uglier as either party attempts to gain full or at least joint custody of the children. When you are trying to convince a family court judge that you are indeed the most responsible parent, it is highly advisable that you don’t share incriminating material on your Facebook and other social media accounts.
For instance, being overly excited over a binge drinking session at a friend’s house does not paint you in the best light. Your ex-partner is likely keeping tabs on your posts directly or indirectly through mutual friends, and they can dig up pictures of you in a drunken stupor and present to a judge. The same goes for the company you keep; if you are hell-bent on being found worthy of shared or full custody, hanging around unsavory characters within the home or outside erodes your other efforts.
In the case of Harris vs. Harris, Thomas Harris lost custody of his children to his ex-wife after he posted threats against his ex-wife Melanie on Facebook, and even bragging about denying her information about their child. Thomas was a frequent traveler leaving his girlfriend to look after his and Melanie’s child, and this girlfriend liked his violent posts targeting his ex-wife. Harris versus Harris should serve as a cautionary tale of how social media is within reach of the justice system, and posting cavalier messages can hurt you in a court of law.
In addition, it is possible of criminal prosecution if the threats become violent. Therefore it is crucial to consult a criminal attorney if you think that you crossed the line in making statements online.
- Determining Child Support Payments
Money is one of the biggest challenges inside marriages and even more so when couples are partying ways. It is not uncommon to find one spouse accepting a presumably fair spousal and child support settlement only to run in financial trouble down the line when their asset reserves dwindle. Depending on which spouse enlisted the shrewdest divorce attorney, the other party could be intimidated or tricked into taking a far less settlement.
Spouses are keen to find any shred of evidence that could save them from a fate of financial ruin, especially when going up against a wealthier ex-spouse. Sharing pictures of expensive purchases with your friends while lying about constrained resources makes you look like a liar, and you could be held in contempt of the court. In this case, the judge will order a detailed account of your finances, and even if you live in a community property state, the division of assets may not work in your favor.
Even after your spouse agrees to pay a certain amount of child support, they may default on these payments to punish you while they continue to enjoy a lavish lifestyle.
- Proving Infidelity or Undesired Behaviour
Marital infidelity is so pervasive that more than one-third of unions are said to have one or both spouses cheating at one point or another. A 2105 study by YouGov found that out of one thousand respondents, 21% of men and 19% of women had cheated on their partners. Marriages breakdown when infidelity occurs, and in states that allow fault divorces, the non-cheating partner embarks on finding evidence to use in divorce proceedings.
Joining a dating site during a trial separation or when the divorce is underway may appear harmless, but this could be misconstrued as cheating and lack of remorse. Your spouse could argue that you have been finding romantic partners on such sites even during the marriage and this summation could have ramifications on how the divorce unfolds. The judge may rule against you in more ways than one, such as how marital debt will be divided or who gets to keep certain assets.
Understandably, not every kind of evidence can be admitted in court, but online activity is now acceptable in many states and what is in plain view of the public cannot be considered as the poisoned fruit. Your spouse could still be following you online, or perhaps you have not activated privacy settings, which means just about anyone can keep up with your life. If you are going through a divorce, attorneys advise staying off dating sites or contacting old and new romantic partners on these sites until the decree is issued.
- Personal Injury Cases
According to the National Safety Council, accidental injury ranks third among the leading causes of deaths in the country, and these injuries could arise from automobile crashes, falling, overdoses, and drowning. The Injury Facts® dossier classifies personal injury in three broad categories: home and community, motor vehicle, and workplace.
With so many personal injury cases, it is no wonder the city of Los Angeles paid $200 million in settlements involving hazardous roads, police misconduct and other suspected transgressions, a 2018 report shows. The soaring cost of legal payouts to do away with court disputes is taking away funds from solving pressing matters like homelessness, which has also surged in recent years. The city attorney, Mike Feuer, says his office is not going easy on settlements but rather, personal injury cases have skyrocketed as compared to other metropolises like Phoenix.
People lodging injury claims in California and elsewhere are under even harsher scrutiny to prevent instances of taking advantage of public resources for personal gain. Prosecutors are training their sights on social media accounts to see any evidence of misrepresentation of the extent of one’s injuries. For example, if you are claiming a personal injury is stopping you from pursuing economic activities, and yet you are posting pictures of adventurous sport, the judge will see this as a money grab.
Crowe vs. Marquette Transportation Company Gulf-Inland LLC is an excellent example of employees seeking restitution after injury even when it is not justified. Brannon Crowe filed a suit against his employer, claiming that he had encountered injury in the line of duty and therefore, the company needed to pay his medical costs, disability, and other damages. In their due diligence efforts, the company found a Facebook message where Crowe explained to his friend that he was injured on a fishing trip which prompted the court to demand his login details.
- Street Recordings Can Prove Police Brutality
On the other hand, social media recording and images can provide the necessary evidence when lodging a case on excessive use of force by law enforcement officers. In the example of hefty payouts in Los Angeles, Gabriel Avina, who is a local attorney, argued that technology is reinforcing personal injury claims. Nowadays, just about anyone can record, videotape, or take pictures of events in public settings, which is a stark contrast from how things were a decade or so ago.
When passersby see police mishandling a civilian, they retrieve their Smartphones and document the incidence with some proving a live stream to their followers on social media channels. We have seen tons of such footage going viral and garnering the attention of local and national news, especially in this age of Black Lives Matter and other social justice movements.
Gavin added that metadata provides timestamps and this goes a long way in bolstering cases, so they have become more valuable demanding the city to fork out more cash. If you or your friends are victimized by the police, having such evidence gathered by you or other social media users is vital. A video of police officers brutally kicking someone or shooting them could be useful discovery in litigating excessive force at the hands of law enforcement.
On the flipside, many officers have been aquitted of false claims of brutality. Video recording posted in public social media forums can garner support to prove evading and resisting to the point where physical force is necessary. Therefore, if you are a police officer who has been falsely accused, it is important to hire an experienced criminal attorney who will use the video recording to your advantage.
Social Media Use in Court can be a Double-Edged Sword
When you are facing legal litigation of any kind, the outcome is dependent on making the right moves at the right time, and this starts with hiring an experienced attorney. As we have seen here, social media can be deceptively safe, but lawyers can find whatever piece of evidence they need. Keep off social media until the trial is over or be mindful of whatever you decide to post, and clean up the accounts, so there is nothing potentially incriminating therein. Additionally, if you are on the wrong side of the social media, it is pertinent to hire a criminal attorney who can help suppress evidence that might be used against you. If you are facing charges where social media could play a role, seek legal counsel as soon as possible.