Social media has become integral to modern-day communication and its profound societal impact. One area where social media has significantly impacted in criminal cases. In Illinois, social media can be used as evidence in criminal cases, and it can significantly impact the outcome of a case. Here’s what you need to know about the impact of social media on criminal cases in Illinois.

Social Media as Evidence in Criminal Cases

Social media can be used as evidence in criminal cases in Illinois. Social media platforms such as Facebook, Twitter, and Instagram can provide valuable evidence in criminal cases, including evidence of criminal activity, communications between parties, and evidence of motive or intent. For example, in a drug trafficking case, social media posts may provide evidence of drug transactions or discussions of drug deals. In a sexual assault case, social media messages or posts may provide evidence of communication between the accused and the victim. In a homicide case, social media posts may provide evidence of motive or intent. Social media evidence can be used in both the prosecution and the defense of criminal cases in Illinois. Defense attorneys may use social media evidence to refute the prosecution’s case or to show that their client’s actions were justified. Prosecutors may use social media evidence to show that the accused intended to commit a crime or to show a pattern of behavior.

The Impact of Social Media on Criminal Trials

Social media can significantly impact the outcome of criminal trials in Illinois. Social media evidence can give jurors a window into the accused’s thoughts, actions, and motivations. Social media evidence can also help to corroborate or refute testimony from witnesses. However, social media evidence can also be misleading or omitted. It’s important to carefully review and analyze social media evidence to ensure it’s accurate and relevant to the case. Social media can also impact the jury selection process in criminal trials. Attorneys may review potential jurors’ social media profiles to gain insights into their political affiliations, biases, and opinions. This information can be used to challenge potential jurors during the voir dire process.

Social Media and Pre-Trial Publicity

Social media can also impact pre-trial publicity in criminal cases. Social media can provide a platform for individuals to share their opinions and thoughts about a case, and these opinions can quickly spread to a wide audience. In some cases, pre-trial publicity on social media can be so pervasive that it can be difficult to find an impartial jury. Attorneys may seek to move a trial to a different location or to ask potential jurors about their exposure to social media coverage of the case.

Social Media and the Right to a Fair Trial

The impact of social media on criminal cases in Illinois highlights the importance of the defendant’s right to a fair trial. The right to a fair trial is a fundamental principle of the United States legal system, and defendants must be able to receive a fair and impartial trial. In some cases, social media may make it difficult for defendants to receive a fair trial. Pre-trial publicity on social media may prejudice potential jurors or make it difficult to find an impartial jury. Social media evidence may also be taken out of context or misleading, which can impact the outcome of a case. The impact of social media on criminal cases in Illinois is significant. Social media can provide valuable evidence in criminal cases and impact a trial’s outcome. However, social media can also be misleading or taken out of context, making it difficult for defendants to receive a fair trial. If you’re facing criminal charges in Illinois, it’s important to work with an experienced criminal defense attorney who understands the impact of social media on criminal cases. Your attorney can help you understand how social media may impact your case and can work to ensure you don’t post anything that can negatively impact your case.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Technology has changed how police officers do their jobs in ways big and small, and for the most part this is a good thing. The more technology that is available to law enforcement officers, the more likely it is that they (along with the community at large) will be able to catch a criminal.

One example of how the police of today use technology: when was the last time you noticed a “Wanted” poster hung up around town? Probably a while. Because it’s not really done.

What are cops doing? In many cases, suspect information and surveillance videos are simply posted on Facebook. And it’s working.

Facebook: Taking Crime-stopping to the People

Kincaid, Illinois is a small town in the middle of our state, about a three-hour drive from Chicago. In early January, the town’s Kincaid Diner was robbed. The glass in the front window was busted and the cash register was completely removed.

A similar crime had also been committed multiple times at the Phillips 66 gas station across the street. Police had a surveillance video of the crime, but it was hard to identify the man in the video and make a proper arrest.

So they went to Facebook.

The Kincaid Police Department put the surveillance video online and within a few days, the video was viewed 11,000 times and had generated 50 tips. To put that in perspective, Kincaid only has a population of around 1,500 – it’s a small community. Using those tips, the Kincaid Police were able to take 35-year-old Robert Burke into custody for the burglary.

To Catch A Criminal… On Facebook

The police department in Kincaid said that Facebook has become the most convenient way for police to catch burglars. Shockingly, about half of all burglary arrests come from tips over social media.

Police departments all over – not just in Kincaid, or even Illinois – have been embracing social media as a crime-fighting and criminal-catching tool. There are many strategies used by law enforcement to nail suspects online, including:

• Posting surveillance videos or police drawings online and asking the public for tips or information
• Creating fake accounts to add suspects on Facebook and look for possible evidence
• Creating databases of information when large groups of suspects (i.e. gangs) are involved. Information may include phone numbers, public disputes between suspects, and so on.

Even if a surveillance video is not used to initially arrest a person, social media may serve as evidence in a trial. It’s not just burglary, either. Social media has been used as evidence in cases ranging from burglary to murder to DUI.

In 2012, for example, a Philadelphia blogger was charged with two counts of criminal solicitation to commit murder, three counts of terrorist threats, and three counts of harassment. In court, prosecutors used Facebook pages that he created to encourage the murder of police officials, as well as a page called “Kill Mitt Romney.”

What This Means for You

After an individual is indicted, their defense attorney, as well as the prosecution, will be able to collect evidence to be used in a trial. If you have been charged with a crime and your criminal defense lawyer is beginning to collect evidence, do not hide your social media profile from them.

Instead, let your lawyer know what information exists on your Facebook, Twitter, Instagram, or other social media accounts. Give them full access so they may advise you on what to do with your accounts, and prepare for the prosecution to bring up social media posts that could incriminate you.

Also, don’t think that prosecutors can’t access your accounts because your profile is private. Law enforcement officials and prosecutors are smarter than you might think. Do let your lawyer know how private your accounts are, though, because prosecutors may obtain social media information unlawfully.

If you have been charged with a crime and believe that social media may play a role, get in touch with our office immediately to talk about your options.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.