These days content is king. Facebook is for old folks and Instagram and TikTok have taken over. These sites are great for connecting with one another, building a following, and sharing information. TikTok alone has 500 million users.
But there are dangers with every post, every share, and every picture. Social media can be a defendant’s worst nightmare.
Can Social Media be Used Against Me in Court?
YES. Anything you post on TikTok, Instagram, Facebook, Snapchat, Whatsapp or anything else can be used against you in court. I’ve seen prosecutors in our area use a fake Facebook account to add friends and keep an eye on people in the community (literally big brother spying on you through fake social media accounts).
I have seen prosecutors use all kinds of information gathered from social media against folks in court. Facebook message threads (talking about buying drugs), Instagram pictures (of drugs and marijuana), Snapchat videos (of alleged gang activity), TikTok videos showing alleged gang signs are all just a few examples of things that can be used against someone in court.
Three Ways Prosecutors Get Things From Social Media
Prosecutors can go about getting your information in a multitude of ways. Here are three examples:
1. It is public and they go to your page and print things off or it is private and you’ve added one of their fake accounts.
2. The prosecutors subpoena your information (private settings won’t help you here).
3. YOU MISTAKENLY GIVE THEM ACCESS TO YOUR PHONE. I say mistakenly because there is no reason at all you should ever give your cops access to your phone. Don’t give them your phone without a warrant and just because they have a warrant doesn’t mean you have to give them the code to your phone.
Social Media WILL be Used Against You
Be careful what you post on Social Be careful what you are tagged in. Anytime you post a story or anything else, prosecutors will have access to those posts and will not hesitate to use them against you in court if they get the chance.
- A check-in at the local bar can be used against you at a DUI trial.
- An Instagram of a dime-bag can be used against you in a marijuana trial.
- A freestyle you post on SoundCloud can be used against you in a murder trial (Google T-Ward).
- A tagged photo on Facebook could be used to violate your gang probation.
- A TikTok with a blunt can be used against you in a drug distribution trial.
The best way to prevent social media from being used against you is to stay off social media. And if you do want to post, just assume the prosecutors and judges are watching.
Contact Us
If you have been arrested or think you may be arrested please contact us by text/email/or call. And… Remember, keep your mouth shut if the cops come to talk to you.
Author Bio
J. Ryan Brown
Founder
Ryan Brown is a Georgia criminal defense lawyer and trial attorney dedicated to defending the accused in Newnan and across the state. A graduate of Georgia State University College of Law, he has argued cases in Georgia Superior Courts, the Court of Appeals, and the Georgia Supreme Court. His memberships in the Georgia Association of Criminal Defense Lawyers and the Bleckley Inn of Court reflect his standing in the legal community.
Known for his relentless approach, Ryan is committed to protecting clients from the full power of the State. He builds strategic, fact-driven defenses designed to secure the best possible outcome, no matter the charge. When your future is on the line, Ryan Brown has the skill, experience, and determination to fight for you in court.
