Can Your Social Media Posts Be Used Against You in a Criminal Case?
If you’re facing criminal charges, you might be wondering: Can the police or prosecutors use my social media posts as evidence? The short answer? Yes, they can.
How Law Enforcement Uses Social Media in Criminal Cases
Many clients ask me whether their Facebook, Twitter, Instagram, Snapchat, or other social media activity can be used against them. The reality is that prosecutors and law enforcement actively search social media for evidence to strengthen their case.
For example, I’m currently working on a DUI manslaughter case where the state attorney’s office subpoenaed my client’s social media accounts. They were searching for:
- Posts showing my client drinking on the day of the crash
- Evidence of past drinking habits that could be used to establish a pattern
Will Social Media Evidence Hold Up in Court?
While not all social media evidence is admissible, law enforcement can still use it to build their case. Whether or not it gets introduced at trial depends on its relevance and admissibility under Florida law. However, even if the evidence doesn’t make it to trial, prosecutors may still use it to pressure you into a plea deal.
Protect Yourself: Think Before You Post
If you are under investigation or facing charges, avoid posting anything on social media—even private posts can be uncovered. Better yet, don’t discuss your case at all online.
Need Help? Call Today
If you or a loved one is facing criminal charges and you’re worried about your social media being used against you, call my office immediately at 954-270-769. I will fight to protect your rights and keep damaging evidence out of your case.
