How Your Online Activity Can Impact a Long Island Criminal Case

How Your Online Activity Can Impact a Long Island Criminal Case

We live in an age where so much of our lives are documented online. From social media posts to search histories, there’s a digital trail that can come back to haunt us. This is especially true when it comes to criminal cases on Long Island. Prosecutors are increasingly using defendants’ online activity as evidence – and it can have a huge influence on the outcome.

So how exactly can your online life affect a criminal case? Here’s an overview:

Social Media Posts as Evidence

Any photos, videos, or written posts on platforms like Facebook, Instagram, and Twitter are all fair game. Prosecutors can and do subpoena social media companies for users’ account information. Even deleted posts can still be recovered in some circumstances.

There are plenty of examples right here on Long Island. In the recent Gilgo Beach serial killer case, investigators believe the perpetrator may have used online ads and social media to target victims. And Suffolk County police set up a website and tip line hoping to generate leads from the public.

The bottom line is that ill-advised rants, incriminating photos/videos, and communications with co-defendants or witnesses can come back to bite you. Defense lawyers have an uphill battle trying to keep this stuff out of court proceedings or contextualize it for juries.

Search Histories and Website Activity

Your browsing history tells a story – and law enforcement can get access to it. Police can subpoena records from Google, your Internet Service Provider, even individual website domains. If you visited websites related to the crime or researched things like disposing of evidence, it won’t look good.

And again, Long Island courts allow this stuff as evidence. In a recent identity theft case, records showed the defendant visited the victim’s Facebook page multiple times leading up to the crime. That web history was used to establish premeditation and intent.

Geolocation Data

Between cell phones, social media check-ins, photos with embedded metadata, and apps tracking your movement – your real-world location is constantly being logged digitally.

Police used Gabby Petito’s own Instagram and YouTube accounts to essentially retrace her cross-country road trip, and zero-in on key locations related to her disappearance.

On Long Island, prosecutors could use this type of data to place a defendant at the scene of the crime or establish a pattern of stalking behavior. Even if location services are disabled, cell tower pings give a fairly precise record of where a phone has been.

Digital Communication Records

Text messages, chat logs, emails, DMs – virtually all online messaging services store records of conversations. And these records can reveal incriminating statements by defendants.

Suffolk County’s Gilgo Beach serial killer investigation was recently blown open when police arrested a suspect based partly on exchanges with victims. Without those messaging records, he might still be free.

Defense lawyers may argue this evidence is taken out of context. But once messages are introduced in court, the damage is often done in the eyes of a jury.

How Can You Protect Yourself?

Okay, so given how much of our lives are online these days, how do you safeguard against self-incrimination? Here are a few tips:

• Be careful what you post publicly online. Don’t write or upload anything that could be viewed as inflammatory or threatening.
• Be wary of sharing private communications without the other party’s consent. Texts, emails, DMs can easily be screenshotted or forwarded.
• Disable location tracking in apps whenever possible, or use a VPN to mask your digital footprint.
• Use ephemeral messaging apps like Snapchat or Signal for sensitive communications. They have enhanced privacy protections.
• Periodically review and tighten up social media privacy settings. Make accounts private where you can.
• If charged with a crime, DO NOT discuss case details online without consulting your attorney! Even deleted or private posts can still end up evidence.
• Consider hiring experienced criminal defense counsel to navigate online evidence rules. A good lawyer can often get questionable digital evidence barred or discredited.

The reality is, anything you type or upload has potential to resurface in a criminal case down the road. So stay smart about what you share and who you share it with. With some caution, you can maintain your online life while avoiding self-incrimination.

And if you do end up charged criminally – call a knowledgeable Long Island defense lawyer right away. An attorney well-versed in social media evidence can make all the difference. Don’t let your own digital footprint put you behind bars!