Can social media posts hurt my criminal defense case?

Answer:

In many cases, yes. If you have public social media posts about anything relevant, investigators or police are likely to find them, save them, and use them against you. If you’ve been charged with a crime — or think you might be — and you’re in the North Georgia area, give us a call as soon as possible if you have concerns about your social media presence, including whether you need to preserve any posts.

Why Investigators Look There First

Checking a suspect’s or defendant’s social media has become standard practice for police and prosecutors building a case. Public posts, photos, comments, and even who you’re connected to can be pulled together to establish a timeline, contradict an alibi, or paint a picture of your state of mind around the time of an alleged offense. Anything posted publicly carries no expectation of privacy in the eyes of the law, which means it’s fair game the moment it’s found.

What Kind of Posts Cause Problems

Content doesn’t have to be an outright confession to hurt a case. Common examples include:

Photos or posts that contradict your account of where you were or what you were doing
Comments made in anger or frustration that can be read as admissions or threats
Posts that suggest a lifestyle or mindset the prosecution wants to use to characterize you to a jury
Jokes or sarcastic remarks that can be taken out of context and presented as serious statements

Why Deleting Posts Can Make Things Worse

One of the biggest mistakes people make once they realize a post might be a problem is deleting it. Under Georgia’s tampering with evidence statute, O.C.G.A. § 16-10-94, knowingly destroying or concealing evidence with the intent to obstruct a prosecution or investigation is a separate crime — a misdemeanor if it involves a misdemeanor case, and a felony, carrying real prison time, if it involves a felony. Deleting a post after you know you’re under investigation can be read as exactly that kind of concealment, and it can add an entirely new charge on top of whatever you were already facing. It’s also often ineffective — platforms retain data even after deletion, and posts can be preserved through screenshots taken by others before you ever remove them.

What to Do Instead

If you’re concerned about something you’ve posted, don’t touch it. Talk to an attorney first about the right way to handle it — sometimes that means simply leaving it alone, and sometimes it means taking specific, documented steps that don’t carry the same legal risk as deleting it yourself.

What to Do If You’re Facing This Situation

If you’ve been charged with a crime — or think you might be — and you’re in the North Georgia area, give us a call as soon as possible if you have concerns about your social media presence, including whether you need to preserve any posts.

5 Star Rating

Brett and his team were beyond supportive, helpful, gracious, caring and knowledgeable! We went through the most challenging and difficult time in our life and he was there every step of the way. With results we could never have imagined but definitely prayed for.

Not to mention his level of professionalism. From the first time we spoke to the first time we saw him in court. He stood out from almost every other attorney there. We were so appreciative that our attorney looked and was so professional, pulled together and prepared. When so many others were none of these things.

Thank you just doesn’t seem like enough to convey our feelings and appreciation.

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5 Star Rating

I tried to write this several times and it brought me to tears. First may I say this has been the hardest three years of my life. Five lawyers I interviewed and none even understood the law as it applied to my case. So I thought I would try one more and it was Brett. From our first conversation together I knew he understood the law and was the perfect one for the case. I want to say how he prepared the case and presented it, achieving a full dismissal and ruling the police violated my first amendment rights. Complete genius!!!!

If you're reading this review and unsure, stop...call Brett. He always returned my call or texts within a couple hours, never more than 24 hours. He was always courteous and knowledgeable, trust me he talked me off the ledge a couple times. I would have given him 10 stars but 5 was the only option. Thank you Brett for all you did for me!!!!!