Many people like to share what’s happening in their lives on social media. But if you have been arrested or are facing criminal charges, social media can become one of the worst places to discuss your situation.
Even a harmless post can be misunderstood or used as evidence. That’s why one of the first pieces of advice many criminal defense attorneys give their clients is to stay off social media while their case is pending.
Here is a look at how social media can hurt your criminal defense case.
Can Social Media Be Used Against You?
Photos, videos, comments, private messages, and location check-ins may become important in a criminal investigation or prosecution. Prosecutors may review publicly available content. In some situations, social media posts can become part of the evidence presented in court.
What you intended as a joke or a casual comment may not be interpreted the same way by law enforcement or a prosecutor.
Innocent Posts Can Create Problems
Many people think they only need to avoid posting about the alleged crime. Unfortunately, it is not always true. For example, posting photos that contradict statements you have made, discussing where you were at a certain time, or commenting about witnesses or the investigation could create unnecessary complications.
Even saying, “I’m finally telling my side of the story,” could end up raising questions that didn’t exist. When your case is pending, or you are hoping for a plea deal, say nothing at all.
Your Privacy Settings Will Not Protect You
You might think your posts are safe if your account is set to private. But privacy settings are not a guarantee that your content will not be seen by others.
Friends can take screenshots. Posts can be shared. In some situations, all that information can be obtained through legal processes.
The best approach is to assume that anything you post online could be viewed by someone involved in your case.
Should You Delete Existing Posts?
Deleting social media content after an investigation has begun can create additional legal issues or raise questions about why the posts were removed. Before deleting anything related to your case, always speak with your attorney.
Before trying to clean up your social media on your own, get legal help first.
What Else Should You Avoid?
Social media is not the only concern. While your criminal case is pending, you want to avoid:
- Commenting on news stories about your case
- Messaging witnesses about what happened
- Asking friends to post on your behalf
- Sharing photos or videos that could be misunderstood
- Accepting friend requests from people you don’t know
Remember, once something is posted online, it is impossible to take it back.
What Should You Do?
If you’re facing criminal charges, one of the smartest things you can do is put social media on pause. That doesn’t mean you have to disappear forever, but it does mean thinking carefully before posting anything while your case is ongoing.
If you’re unsure whether something could affect your case, it’s usually best not to post it. When in doubt, discuss it with your Knoxville criminal defense lawyer instead.
Protect Your Rights
Can social media hurt your criminal defense case? While it may be tempting to explain your side of the story or reassure friends and family, those posts can have unintended consequences.
At Erik Herbert Law, we help clients understand that these everyday decisions l could affect their defense. If you have been arrested or are under investigation, we are here for you. Before you post, comment, or share anything related to your case, talk to an experienced criminal defense attorney. Schedule a consultation with our office today.
