How Social Media Impacts Criminal Cases

Some days, it can feel like social media is everywhere. Whether it’s FaceBook, X (formerly Twitter), Instagram, TikTok, Snapchat, or another service, social media has become an important platform for communication, self-expression, and information sharing.

However, if you have been charged with a crime, you need to be careful about your social activity. Using social media can have significant implications for criminal investigations and could impact the outcome of your criminal case. Even a seemingly innocent post, comment, or message could be used against you in court.

The rules that address the use of social media evidence in court are constantly evolving. The criminal defense attorneys at Douglas D. Terry & Associates stay on top of changes in the law and understand the potential implications social media use can have on your criminal case. We can provide advice and guidance to help you avoid potentially harmful social media posts, and we know how to respond if a prosecutor is trying to use a social media post as evidence against you in court.

Douglas D. Terry & Associates has represented people accused of crimes in Southern Utah for over 40 years. Our lawyers regularly appear in courts throughout the state and have earned a reputation as talented and aggressive advocates who consistently achieve superior results for our clients. To put our expertise to work for you, contact Douglas D. Terry & Associates today.

Can Social Media Posts Be Used in a Criminal Case?

Billions of people worldwide use social media to share their thoughts and opinions with a broad audience. One downside of this ease of use is that people tend to share more than they should, especially if they are angry or scared. This is especially problematic when emotions run high, as they often do if you have been charged with a crime.

Some social media users mistakenly believe their posts are protected, either because of their privacy settings, because they only share information with a small group of friends, or because their posts “disappear” after a set amount of time.

Contrary to popular belief, information posted on social media is not private or protected, and most judges will not hesitate to allow information shared on social media to be used in a criminal case. In some cases, this can be beneficial. But in most instances, the impact of social media on a criminal case will have a profoundly negative effect.

As social interactions continue to migrate to the digital space, detectives comb social media sites for incriminating information. Today, prosecutors routinely request social media account information in pre-trial discovery. Investigators and prosecutors can request social media information directly from the social media company, ask a judge to order you to turn over your social media login credentials, or subpoena information from your account.

Social media has become a vital source of information for prosecutors and law enforcement agents. They can try to use your social media activity to establish motive, or create a detailed timeline of your activities and behaviors and your movements and activities at specific times and locations. Prosecutors also use social media evidence to show a pattern of behavior that is consistent with the crime you have been charged with committing or to establish communications with known criminals, alleged co-conspirators, or other suspicious individuals.

While your social media interactions may have been completely innocent, criminal cases often come down to how a jury might perceive social media evidence and how a prosecutor could use it to try to prove you committed a crime.

Protect Yourself from the Negative Impact of Social Media on a Criminal Investigation

Using social media could have a negative impact on your criminal case, but there are ways to protect yourself, such as the following:

Do Not Discuss Your Criminal Case Online

As a general rule, you should avoid discussing anything about your criminal case online. In fact, we recommend that you avoid talking about your criminal case with anyone except your attorney.

If you need to discuss something that could impact cour criminal case, we recommend doing it privately, in person, and only with people you trust. We recommend telling friends and family not to discuss your criminal case in public, and to avoid posting about it online.

If you were engaged in potentially illegal activity, be careful about accepting new requests to connect online. Law enforcement officers and private investigators may create fake online profiles to try to become part of your network and use information they find online to charge you with a crime.

Do Not Delete Old Social Media Posts

You may be tempted to delete these old posts if you already posted about your criminal case online, don’t! You may be legally required to preserve evidence, and deleting social media information could result in additional criminal charges for tampering with evidence.

Protect Yourself Online

Don’t think that strong passwords, privacy settings, or encryption technology will prevent people from accessing your online content. Investigators can recover almost anything that was on a computer, social media site, or mobile device. Even if your devices and accounts are protected by a password, courts routinely grant law enforcement requests requiring that you turn over your passwords and login credentials.

Almost nothing you do online, on a mobile device, or on a computer is private. Do your best to limit time online and be selective about what you post and who you interact with. If possible, use a Virtual Private Network (VPN) to provide additional protection and prevent snooping and interference by the government. And be careful where you click. Avoid risky websites that can give hackers access to your online accounts.

Douglas D. Terry & Associates Leverages Technology to Benefit You

Technology is changing our lives in unprecedented ways. While technology offers considerable benefits, it also poses new risks, especially if you have been charged with a crime. Douglas D. Terry & Associates commonly uses technology in the courtroom, and to better communicate with our clients, fellow attorneys, and courts. But, we advise our clients to be cautious about how they use technology and what they share online.

If you have questions about how social media impacts criminal cases or are concerned about the impact of social media on your criminal case, contact our law firm to schedule a free and confidential consultation to discuss your situation and how we can help. Call us at (435) 628-4411, email email@SouthernUtahDefense.com, or complete our online form.