Why You Should Avoid Social Media When Facing Criminal Charges in Michigan

Social media has become a part of everyday life, but it can be a minefield for anyone facing criminal charges in Michigan. What you post—or even what others post about you—can significantly impact your case, sometimes leading to unintended consequences.

Here, our East Lansing criminal defense lawyer explains why avoiding social media during this critical time is crucial.

How Social Media Can Affect Your Criminal Case

Prosecutors and law enforcement actively monitor social media during criminal investigations. Your posts, photos, check-ins, and even private messages can be used to build a case against you.

For example:

• Incriminating Statements: If you make comments interpreted as confessions, aggressive behavior, or inconsistent with your defense, they could be used against you in court.
• Photos and Videos: Pictures or videos depicting you in potentially illegal activities, even if unrelated to your current charges, can damage your credibility.

Even if your profiles are set to “private,” there is no privacy guarantee. Friends or followers can share or screenshot your posts, making them public. Subpoenas can also compel social media platforms to release data during a criminal investigation.

Prosecutors May Use Social Media to Discredit You

Even seemingly innocent posts can be twisted to paint you negatively.

For example:

• Travel Photos: If you claim financial hardship to secure lower bonds or penalties, photos of lavish vacations could undermine your argument.
• Party Posts: If you’re facing charges like DUI or drug offenses, pictures of you partying could negatively affect your case, even if unrelated to the incident.

Remember that social media posts can be easily misinterpreted. Comments, jokes, or even memes shared online can be misinterpreted by prosecutors or juries, especially if they seem inconsistent with your defense. It’s easy for sarcastic or humorous remarks to be taken literally, hurting your credibility in court. If you have posted about the charges, the prosecutor could argue that you’re not taking the situation seriously, leading to stricter terms or conditions.

Tips to Manage Your Social Media During Criminal Proceedings

The safest route is to avoid posting anything on social media while your case is ongoing. Even well-intentioned posts can be manipulated and used against you.

In addition:

• Don’t Delete Past Posts: While it might be tempting to delete old posts, it could be seen as destroying evidence. Prosecutors could argue that you are trying to conceal evidence, possibly leading to further complications.
• Review Your Friend List: Be mindful of who can access your posts and updates. It’s best to restrict your friend list to trusted contacts, as acquaintances could unintentionally share sensitive information or be compelled to testify.
• Discuss Your Case Privately: Avoid discussing your case or defense details, even in private messages. All online communications can be retrieved, so keep legal discussions offline and only with your attorney.
• Let Your Attorney Review Social Media Concerns: Consult with our attorney if you’re worried about how past posts could impact your case. We can provide guidance and help you understand what might be problematic.

Social media presence can shape perceptions, influence court decisions, and complicate legal strategies. By stepping back from social media, you minimize the risk of inadvertently damaging your case.

Contact Our Criminal Defense Attorney in Michigan Today

If you have questions about how social media might impact your specific case, consult with our knowledgeable Michigan criminal defense attorney to guide you through the process and help protect your rights. Call (877)-236-4255 or contact us online. Your fight is our fight. Let’s get started.