If you are facing allegations of criminal wrongdoing, what you type—whether in a private message, email, text or a public post—can be used against you in court. Until your case is fully resolved, it is incredibly important to be cautious about what you write and share online and electronically, as a result.
In modern times, prosecutors, law enforcement and even opposing attorneys actively search for digital evidence that can support their case. Your own words could hurt your defense in a myriad of ways, including the following:
- Social Media Posts – A simple post, comment or even a meme related to your case could be taken out of context and used to question your character or intent.
- Text Messages and Emails – Even if you believe your messages are private, they can be subpoenaed and presented as evidence, especially if they suggest guilt or contradict statements made in court.
- Group Chats and Private Conversations – A casual message to a friend explaining your version of events may later be misinterpreted or shared with authorities.
With all of this said, attempting to erase digital evidence could be seen as obstruction of justice, making your situation worse. As a result, you shouldn’t delete anything related to your electronic history unless your legal team has advised you that doing so is okay.
When to be particularly cautious
To more effectively protect yourself while your case is pending, take the following to heart:
- Do Not Discuss Your Case – Avoid posting or messaging anything about your charges, legal strategy or interactions with law enforcement.
- Do Not Respond to Accusations – If someone comments about your case online, resist the urge to defend yourself publicly. Let your attorney handle any necessary responses.
- Do Not Make Threatening or Aggressive Statements – Any hostile words directed at an alleged victim, witnesses or law enforcement can be used against you.
- Do Not Search for Case-Related Information – Internet searches about criminal charges, penalties or how to hide evidence could be flagged and misinterpreted.
When in doubt, don’t type anything at all.