How Social Media Can Affect Your Criminal Case

How Social Media Can Affect Your Criminal Case

Law enforcement officers can use many different types of evidence against you in court, including evidence obtained from social media. In fact, posts, photos, check-ins, and tags on social media can all be used to prove that you committed a crime. How? Here are some of the ways social media can affect your criminal case:


Do you have any incriminating photos on your social media pages? Even if you didn’t post the photos, it’s possible that you have been tagged in an incriminating photo by someone else. For example, the state may use pictures of you smoking marijuana or posing with drug paraphernalia in the background as evidence if you are being charged with drug possession.


Facebook and other social media platforms allow you to check-in to a location so you can share what you’re doing with all of your friends. It may seem harmless to check into a bar or restaurant when you’re out celebrating with friends, but what if you are pulled over later for DUI? The fact that there is proof you were at a bar prior to being arrested will not work in your favor.

A check-in can also be used to show that you were in the area where the crime was committed. For instance, law enforcement may find it suspicious that you were located just a few blocks away from a home that was burglarized. This won’t be enough to prove their case, but it can be used to place you near the scene of the crime.


The things you post on social media can also be used against you in a criminal case. For instance, let’s say you are charged with first degree assault, which means you intentionally caused bodily injury to another person. Your criminal defense attorney could argue that you did not intend on hurting anyone, so you should be charged with third degree assault instead of first degree assault. However, if you posted something on social media about wanting to hurt the victim, this can be used to prove intent.

Don’t let social media affect the outcome of your case. Let your attorney look through your social media pages to determine if there are any posts or photos that could be used against you. An experienced attorney will be able to advise you on how to prevent social media evidence from hurting your case.

Have you been charged with a crime? Let the criminal defense attorneys at Reisch Law Firm guide you through the process. We will offer you advice every step of the way to ensure you don’t make any mistakes that could impact your case. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

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