Can Social Media Be Used in My Criminal Case?

January 1, 2017 | By Shane Phelps Law
Can Social Media Be Used in My Criminal Case?

Many people know that if they are involved in a criminal case, the police will collect evidence to use against you in that case. What people might not know is what can be used as evidence against you.

Can social media be used in a criminal case? The answer is yes.

Social media has become such a staple of our lives—posting on Facebook, liking a picture on Instagram, sending a Tweet—that many of us have stopped thinking before we post. That is how many people involved in criminal cases have gotten themselves into trouble.

Posting Future Evidence

Social media in a criminal case isn’t as simple as locating a post that reads, “I did the crime and totally got away with it!” The news likes to circulate stories about “dumb criminals” that post about how they are buying or selling drugs, only to get caught by the police because of it. But the truth is, social media is typically used against you in ways that aren’t as obvious. For example, if you have been accused of domestic violence against your spouse, the police might look for threats you posted online or angry status updates.

What to do if you already posted something that could be used against you?

Rule of thumb: think before you post. If you are under investigation, it is in your best interest to just stay away from social media in general. However, if you already made an incriminating post, the last thing you want to do is try to erase it. Destroying or deleting evidence can severely damage your case. Not only does it make you look incredibly bad but you could face additional punishments for spoliation of evidence.

If you are worried about things you have posted on social media, your best course of action is to speak about it with a College Station criminal defense lawyer. Contact Shane Phelps Law. if you have specific questions about your case.