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Temple Criminal Defense > Blog > Criminal > Social Media And Your Criminal Defense: What You Should Know

Social Media And Your Criminal Defense: What You Should Know


If you have been arrested for a crime in Texas, or if you are currently facing charges, it is essential to know that what you post on social media ultimately could be used against you by the prosecution. While the most important part of your defense is hiring an experienced attorney to develop a strong defense strategy based on the facts of your case, it is also critical to know that you have an important role to play, as well. It will be essential to avoid making any statements or taking any actions that could harm your case and your defense. One of the ways to ensure that you do not harm your defense is to be extremely careful about what you post on social media, and what type of information about you is available on social media. What should you keep in mind? Consider the following information from an experienced Temple criminal defense lawyer.

Your Social Media Images and Words Could Be Used by the Prosecutor 

First, it is critical to know that social media materials, including text and images, are often admissible in criminal cases. Indeed, certain laws allow access to and use of social media accounts in various types of legal cases. In many circumstances, the prosecution does not even need to obtain court permission in order to access your social media account or enter certain evidence from your social media accounts in court. Even if you make your social media accounts private, the prosecutor may be able to request access to your accounts in order to seek evidence against you.

Social Media Posts Can Affect Defendants in Many Types of Criminal Cases 

Different kinds of social media posts may impact various types of pending criminal cases. Whether you are facing drug charges, assault charges, or another kind of criminal charges, it is essential to know that words or images you post could harm your case. The following are examples of the kinds of posts that could hurt your defense:

  • Post suggesting that your alibi is invalid, such as a photo of you at a location other than where you claimed to be at a particular time and date;
  • Image of you using what could be perceived as a controlled substance;
  • Threatening language directed at another person;
  • Tags in social media accounts that locate you at a time and place other than your alibi, or tags that show you as being located in the area where the offense occurred; or
  • Comments on Facebook or Instagram posts from friends or other followers that could damage your character or an element of your defense.

What You Should Do to Avoid Having Your Social Media Accounts Harm Your Defense

 Whether you are concerned that you are under investigation for a criminal offense, you have been arrested, or you are facing charges, it is essential to take some social media steps to avoid having your accounts harm your defense. First, merely making your accounts private or deleting incriminating posts might not help your case (and could, in some cases, harm you further). You should talk with your defense attorney about putting a pause on your social media accounts, limiting tags and comments, and avoiding any new posts or commentary.

Contact a Temple Criminal Defense Attorney Today 

If you have questions or need help with your defense, you should contact one of the experienced Temple criminal defense attorneys at The Law Office of Katie L. Gomez, PLLC today.



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