Stay off of Social Media if You’re Being Charged With a Crime

When someone’s freedom is on the line, the courtroom isn’t the only place things get decided. These days, it starts with a scroll. Prosecutors and law enforcement don’t need to work too hard to find what they’re looking for-many people volunteer it. And once a post goes live, it rarely stays private. Screenshots. Shares. Group chats. Even “deleted” content can live on.

What They See Is What You Get

Think of your digital presence as an open file cabinet. Law enforcement will dig. Prosecutors will cherry-pick. That “throwback” photo? It may not feel connected to your case, but if it shows reckless behavior, violence, or associations with certain people, it can still be used to paint a picture of you.

Location tags, timestamps, and tagged friends aren’t just features. They’re evidence. A check-in at a specific time could tie you to a scene. A casual status update could be interpreted as a confession, or worse, a lie that contradicts your testimony.

Even private messages aren’t safe. Direct messages, group chats, even “Close Friends” stories-none of these are immune. Florida law allows certain statements to be admitted even if they were originally private, especially if they’re viewed as admissions or linked to others involved.

The Risks You Don’t See Coming

The biggest threat often isn’t what you post. Most of the time, it’s what others post about you. Friends, family, and followers: all of them have phones, and all of them post. If you appear in a video, or someone tags you in a conversation that touches on the case, it’s all fair game.

Deleting content after an arrest or investigation? That can make things worse. Prosecutors might call it “evidence tampering.” Even if the deletion was innocent, it can create a presumption that you had something to hide.

Privacy settings offer limited protection. They don’t stop screenshots. They don’t block subpoenas. They don’t prevent group members from cooperating with law enforcement. If you think you’re safe because your profile is set to “private,” you’re not.

How to Protect Yourself Before the Damage Is Done

If you’re facing a charge, or even under investigation, take a step back from social media. It’s not about guilt. It’s about control. Every post is an opportunity for your situation to get worse.

Don’t joke about the case. Don’t hint at details. Don’t post about your mood or your whereabouts. Don’t comment on others involved. Silence is your best friend online.

You can and should adjust your privacy settings. Lock down your profile. Turn off location tracking. Review your friends list. But remember, privacy isn’t a shield. It’s a filter-and not a reliable one.

Warn your friends and family, too. Ask them not to tag you, mention the case, or post anything that could reflect poorly on you. Prosecutors don’t need direct quotes to build a narrative.

What Not to Do

Don’t delete old posts without talking to your attorney. You might think you’re cleaning up, but in a courtroom, that could be seen as tampering. Instead, take screenshots. Archive them. Preserve a record in case something gets distorted later.

Never discuss the case online or offline without your attorney’s guidance. It’s tempting to vent. But social media is not a safe space. It’s a record-keeping machine, and prosecutors love records.

Don’t assume you’re safe just because your profile is quiet. If someone else gets into your account and posts something reckless, the burden may fall on you to prove it wasn’t your doing. Use strong passwords and two-factor authentication.

If You’ve Been Charged, Don’t Wait

Social media mistakes can be the tipping point in a criminal case. And once the damage is done, it’s hard to undo. Petkovich Law Firm has seen how a single tweet or photo can shift the direction of a case. If you’re facing charges (or think you might be), talk to us before your posts do more talking than you ever intended. We’re here to help call Petkovich Law Firm at (305) 358-8003.