Nearly everything that you do online leaves a trace. And, at the end of the day, from social media posts to private messages and search history, your online activity can be used as evidence in a criminal case against you. Therefore, if you are facing criminal charges, being cautious about what you post, share and even like online is incredibly important.
Prosecutors, law enforcement and opposing attorneys can – and likely will – actively search for digital evidence that could be used against you. As a result, until your case is fully resolved, it is best to limit or avoid social media and online activity that could harm your defense.
Anything you post online, even if set to private, can potentially be accessed and used as evidence in court. This includes:
- Social media posts and comments – Photos, status updates and location check-ins can be misinterpreted and used to question your character or whereabouts.
- Private messages and texts – Law enforcement may obtain warrants to access messages, even those you thought were deleted.
- Search history – If you research information related to your charges, it could be seen as intent or premeditation.
- Shared photos or videos – Images of you engaging in certain activities, even unrelated to the case, could be used to cast doubt on your credibility.
As a result, you need to think about the fact that everything you do online until your case is resolved is a risk.
Safeguarding your interests
To avoid unintentionally damaging your criminal case, follow these guidelines, do not discuss details, share frustrations or respond to comments about your charges online. Even vague posts can be used against you.
Ultimately, the safest option is to avoid social media altogether until your case is resolved. If you must use it, do not post anything that could be taken out of context.