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Criminal Defense Attorney Strategies | Social Media Defense

Why Your Criminal Defense Attorney Should Pay Attention To Social Media

Social media has changed the way we communicate, stay in touch, and share information. This is true whether you’re in Madison, WI, or Miami, FL, or halfway around the world. Platforms like Facebook and Twitter have become influential news sources, and apps like Snapchat and Instagram broadcast the visuals of millions of lives every day. Not only has the general public embraced these platforms as a source of information, but as any criminal defense attorney will tell you, law enforcement agencies are using the tools to obtain information for their investigations too. If your attorney isn’t taking social media seriously as a resource, it could put your case at risk.

Social Media Can Be Used As Evidence

The criminal defense attorneys at our Madison, WI law office, have noticed a significant uptick in the use of social media posts as evidence in criminal investigations. Not only do investigators scour social media accounts for evidence of criminal activity, but they also use the platforms to elicit help from the general public, such as by asking for witnesses to come forward or sharing information about recent crime sprees in the area. Evidence collected via social media, mainly photographic or video evidence, can be used in criminal cases and is becoming more and more common. Your defense attorney should be made aware of any and all social media content surrounding your background and your case so they can be prepared to defend against it.

“Trial By Social Media” Is a Burgeoning Problem

While social media has helped investigators obtain evidence they would not necessarily otherwise have had access to, it comes with a drawback in the form of “trial by social media.” Videos and photographs are posted so quickly and shared so widely that public opinion can be swayed, and public outcry can hinder both law enforcement and the criminal defense attorney who is assigned to represent the alleged perpetrator of the crime.

Sometimes this outcry and public awareness of the incident is so extreme that it actually hinders the defendant’s right to receive a fair trial. The legal concept of “innocent until proven guilty” can feel as if it has been tossed out the window with the defendant being condemned as guilty in the court of public opinion long before he or she has an opportunity to share their side of the story. The effects of these social media frenzies can be devastating for defendants and make it more difficult to find unbiased jurors.

Given the rising use of social media in criminal cases, it is vital to have a criminal defense attorney representing you who understands the importance these platforms play in both case development and public opinion.

The Madison, WI Criminal Defense Attorneys At Eisenberg Law Will Fight For Your Rights

The criminal defense attorneys at Eisenberg Law Offices in Madison, WI are tireless in their fight to ensure our clients’ rights are protected, that they receive a fair trial and that their side of the story is shared. If you have been charged with a crime, contact our Madison, WI law office to arrange a free consultation with a defense attorney. We promise to treat you fairly, represent you to the best of our ability, and not be swayed by the “court of social media.”

Arrange your free consultation by calling 608-256-8356 or emailing