Social media is part of nearly everyone’s daily life. When you’re facing criminal charges, what you post, or what others post about you, can work against your defense. Prosecutors and law enforcement regularly review social media accounts for evidence that can support their case, and judges can consider these posts during sentencing. Here’s what to avoid if you’re facing criminal charges.
Posting About the Case
Talking about your case online might feel like venting or setting the record straight—but anything you post can be evidence in a criminal case. A comment made in frustration can be interpreted as an admission of guilt or a sign that you aren’t taking the charges seriously.
For example, posting about what happened before your arrest can lead prosecutors to argue that you’re admitting involvement. Even if the post is sarcastic or meant as a joke, tone doesn’t translate well online.
Defense attorneys often see cases where a client’s own posts are introduced in court to undermine their credibility. Michigan’s rules of evidence allow social media content to be used if it’s relevant and properly authenticated. Once something is public, it can be copied, shared, and taken out of context.
Deleting or Altering Posts
It might seem natural to delete old posts or photos once you realize they could look bad. However, deleting social media content after an investigation begins is, at worst, destroying evidence. Prosecutors may claim you’re trying to hide something. This could lead to additional legal consequences or affect how prosecutors, judges, or a jury perceives your honesty. Even if you didn’t intend to commit a crime, deleting posts after charges are filed can complicate your defense strategy.
Sharing Photos and Location Information
Many people don’t think twice about sharing pictures or tagging locations, but these posts can provide information that prosecutors or law enforcement can use.
For instance, a photo of you at a party could be used to question claims about your sobriety or whether you’re complying with bond conditions. A tagged location could show you somewhere that contradicts your version of events. Even if you think your account is private, screenshots and shares can circulate beyond your control.
Privacy settings offer limited protection because social media content can be subpoenaed, even from private accounts. Avoid posting anything new while your case is pending.
Commenting on Others’ Posts
You might not post about your case directly, but still comment on friends’ pages or respond to posts about you. Unfortunately, those comments can be just as damaging.
If someone brings up your charges online, responding (even to correct misinformation) keeps the conversation active and draws more attention to it. Prosecutors can also use screenshots of your interactions to claim you’re influencing witnesses or violating court orders. The safest approach is to stay out of online discussions about your charges altogether.
Letting Others Post About You
Even if you’re careful, friends or family might tag you in posts or upload photos that hurt your defense. A relative’s comment like, “We know you didn’t do it!” could suggest they know more than they should, or that you’ve discussed the case with potential witnesses.
Ask those close to you not to post about your case, tag you in photos, or share any details. This request can prevent unnecessary complications.
Using Private Messages
Many people assume direct messages are private and safe from prosecutorial scrutiny. In reality, prosecutors can review messages sent through platforms like Facebook, Instagram, or Snapchat, and use them to challenge your statements in court.
If you discuss your case in private messages, you risk contradicting your defense or exposing information that should only be shared with your attorney. Keep all communications about your case strictly between you and your lawyer—then they’re protected by attorney-client privilege.
Talk to a Skilled Michigan Criminal Defense Lawyer Today
DeBruin Law, PLLC, helps clients navigate criminal defense cases with a focus on practical guidance and proactive strategy. Contact our law firm to discuss your case and learn how to protect yourself.