What You Should Know about Your Social Media Posts During Your Criminal Trial

In today’s world, nearly everyone is online and has a digital footprint. From Instagram stories to private Facebook messages, our interactions are increasingly public. In some cases, your posts can become powerful evidence if you’re facing criminal charges. Delaware prosecutors have increasingly relied on social media missteps to make their cases. For defendants, understanding how the evidence is gathered, used, and challenged is critical to protecting your rights.

How do prosecutors use social media?

Prosecutors and law enforcement have increasingly relied on social media evidence during investigations. This includes photos of you with your friends, posts, comments, and even private direct messages that you send. Your posts can be used to establish motive, prove intent, or link you to a crime scene at a certain time. Prosecutors can use photos that you didn’t even take. Your friends may have taken the photo and tagged you in it. Prosecutors can use this evidence against you.

For example, what seems like a harmless selfie taken near a location under investigation could actually become circumstantial evidence that is used against you in court. In addition, joking messages that relate illegal behavior may be presented as an admission of guilt. Even your deleted posts aren’t necessarily gone. Investigators, in some cases, can recover data through warrants or cooperation from social media companies.

What counts as admissible evidence? 

The law has rules that govern how evidence is used in criminal cases. Under Delaware law, social media content has to be properly authenticated before it can be used in a court of law. The state is required to prove authorship and reliability. Defense attorneys can challenge these practices, arguing that accounts can be hacked, catfished, or manipulated. Screenshots aren’t necessarily enough.

In addition, evidence that is obtained through unlawful searches or without the proper warrants can be excluded under the Fourth Amendment. A skilled Wilmington defense lawyer can file motions to suppress this evidence if constitutional violations occurred during collection.

How you can protect yourself as a defendant

If you are currently under investigation or facing criminal charges, one of the worst things you can do is continue posting on social media. Your defense lawyer will direct you to temporarily delete your accounts and refrain from posting there. Even seemingly innocent posts can be taken out of context or used to contradict statements you made under oath. You should avoid discussing your case in a public forum. Remember that “private settings” don’t necessarily guarantee privacy. Screenshots and shares can still expose your content.

In addition, it’s important not to delete or alter your social media accounts after you’ve been charged. Doing so can be viewed as the destruction of evidence. This could result in additional legal complications. Instead, you should consult your attorney immediately. An experienced defense lawyer can advise you on securing your accounts and navigating discovery requests lawfully.

Talk to a Wilmington, DE, Criminal Defense Lawyer Today 

Michael W. Modica represents the interests of Wilmington residents who are facing criminal charges. Call our Wilmington criminal defense lawyers today to schedule an appointment, and we can begin preparing your defense right away.