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Yes, in fact, that happens quite frequently.
Social media posts, emails, and text messages are often used as evidence in criminal cases, especially when protection orders are involved. Typically, the complaining party provides printouts of these communications to the police or prosecutor.
For example, in one case I handled, a protective order was issued against a husband ordering him to move out and have no contact with his wife. A few weeks later, she emailed him asking about cutting wood to heat the house. He responded, offering to help her.
Even though his intentions were reasonable, she took the message to the police, claiming it violated the protective order. That email then became evidence of a potential violation.
It’s important to understand that even seemingly harmless messages can be interpreted as violations, so always exercise caution when communicating via social media.
Sometimes, defendants post on social media and inadvertently admit to actions or use language that can be interpreted as an admission, even after being informed of their legal rights. Other times, third parties in social media groups discuss incidents, which can also create problems.
For example, I had a case where a young woman, friends with a group of people, posted on social media about an incident involving one of the young men in her social circle. They had devised a plan to confront someone over a debt, and one of the men pulled a gun during the encounter.
The young woman, trying to deliver a message, wrote about the event online. Even though she was naive and thought it was harmless, her posts became evidence of her involvement. She ultimately had to plead to a felony charge, receiving a suspended sentence with probation, largely due to her age.
The key takeaway here is that social media posts, no matter how innocuous, can be highly damaging in criminal defense cases. It’s always best to avoid posting anything about ongoing legal matters or interactions with others involved in an incident.
If you’re ever in doubt, you can ask for legal advice from an experienced criminal defense attorney.
If a post or message is sent to you, technically, you might be able to delete it, but once a protective order or court directive is in place, deleting or editing messages could violate that order and create legal problems for your case. Even if you’ve deleted messages, law enforcement or the opposing party can often obtain them through a subpoena from email providers, social media companies, or tech platforms.
Deleting posts after an arrest could potentially be considered tampering with evidence, especially if a police officer or prosecutor has explicitly instructed you to preserve messages. Whether it rises to that level is ultimately determined at trial, but, as a general rule, it’s safest to avoid deleting or altering anything once a legal matter is pending.
For more information on Social media mistakes in criminal cases, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (860) 963-7441 today.
With over 40 years of experience, Attorney Steven A. Tomeo has worked with residents of New London County, Connecticut, guiding them through investigations and empowering them with knowledge. He will provide personalized, hands-on representation for your case and ensure you feel confident in every step of the process as he works to secure your future.
Still have questions? Ready to get started? Contact Steven A. Tomeo & Associates, LLC today to schedule an initial consultation.
