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Recent advancements in technology over the past several years have made social media websites more popular than ever. These popular sites, including Facebook, Instagram, and Twitter, have revolutionized how people communicate and share their lives with one another.

However, social media postings can have a detrimental impact on a criminal case, and prosecutors can introduce such postings into evidence at a criminal trial in some cases. If you are currently facing a criminal charge in Calgary, it is a good idea to have an experienced lawyer from Bourdon Defence by your side—not just in court, but throughout your whole case. If the crown prosecutor attempts to wrongfully introduce certain evidence, our skilled lawyers can raise the appropriate objection and may be able to have the evidence excluded. Nevertheless, it is important for you to be mindful of what you post on social media websites while your criminal case is pending in the court system.

“Privacy Settings” Are Not Really Private

Many social media sites, including Facebook, come equipped with various “privacy settings” that subscribers can utilize. Many social media users maintain the false belief that because they adjust their privacy settings, anything they post on the site is private, privileged, and protected. However, nothing could be further from the truth. In fact, Instagram, Facebook, and other popular social media platforms regularly cooperate with law enforcement to uncover these “protected” postings and other pertinent information. In fact, investigators and prosecutors do not even need to request a subpoena in order to view information that a user posts on his or her social media profile. Crown prosecutors have the unhindered ability to peruse social media profiles and search for evidence of criminal activity or criminal connections with other individuals. Moreover, incriminating posts on social media may give a crown prosecutor the probable cause he or she needs to undertake further investigations, such as searching a suspect’s vehicle or home.

Posts That Can Get Users in Trouble

There are several types of social media postings that can get users into trouble—especially those who are under investigation for committing a crime or for assisting someone else with committing a crime. Those postings include:

  • Photographs - including instances where a social media user has been “tagged” by another user in a potentially incriminating photograph
  • Status posts - or posts about a user’s past, present, or future whereabouts
  • Check-ins - which allow a user to check-in to a particular location, indicating their physical whereabouts at a particular time

It is also important to keep in mind that crown prosecutors may view deleting a once-active social media account as an attempt to destroy potential evidence in a criminal case.

Talk to a Criminal Defence Lawyer in Calgary Today

If you are under investigation for violating a provision of the Criminal Code of Canada, the Calgary criminal defence lawyers at Bourdon Defence may be able to help. To schedule a free case evaluation and legal consultation with a criminal defence lawyer in Calgary, you should call us today at (403) 474-4143, or contact us online.