Many people treat posts, direct messages and other comments made online as informal speech. Although a part of our daily lives, it is important to realize that actions and comments made online can be used in court. Courts can treat these comments, posts or messages as evidence of intent, knowledge, planning, identity and motive. This can serve as evidence to support criminal charges.
Conduct that commonly triggers criminal charges
Many online cases begin as personal conflict. Others begin as profit-driven schemes. Both can end in arrest. Examples include:
- No-contact order violations through texts, calls, comments, tagging and indirect messages through third parties
- Harassment, stalking, threats, doxxing and repeated unwanted contact
- Impersonation, account takeovers and unauthorized access
- Phishing, scamming, fraudulent fundraising, fake marketplaces and identity theft
Prosecutors may use texts and social media posts as evidence to support multiple charges. They can add counts for each message, each transaction and each victim. A single post can become a chargeable offense.
Evidence moves faster online
The prosecution can collect digital evidence without warning. A recipient can forward a message to law enforcement in seconds and platforms will comply with requests through warrants. Investigators use subpoenas, preservation letters and forensic extractions. Content deleted by a user may remain accessible through other devices, backups, caches and copies preserved by recipients. Metadata can corroborate authorship and timing and admissions made online can eliminate defenses.
If a criminal case exists, stay silent online
Posting about an active case can damage strategy and increase exposure. This includes not just the defendant themselves but posts made by the defendant’s friends and family. The court may view posts as intimidation, obstruction, retaliation, witness tampering or contempt. Even “support” posts can leak facts. To avoid this, consider the following:
- Do not discuss allegations, witnesses, evidence, plea talks, prior record or probation status
- Do not post about the judge, prosecutor, police, jurors or court staff
- Do not contact protected persons, complainants or witnesses through any platform
The prosecution can use public statements for impeachment and subpoena private messages.
Online mistakes can do more than ruin relationships and reputations – they can lead to allegations of criminal wrongdoing. Reduce this risk by treating every post as if it will be read in court.