Posted on Sunday, February 1st, 2026 at 12:00 pm
When you’re facing criminal charges, every action matters—including what you post on social media. Social media and criminal cases intersect in ways many people don’t realize. Your posts, photos, and comments can become evidence used against you in court. Understanding what to avoid posting during a criminal case is essential to protecting your defense and your future.
Why Choose Bruno Law Offices
At Bruno Law Offices, our experienced attorneys focus on criminal defense throughout Illinois. Our legal team has handled criminal cases for many years and understands how digital evidence impacts case outcomes. We know that in today’s connected world, your online presence matters just as much as your actions in the real world. When you work with us, you gain an advocate who understands both the legal system and the digital landscape. We’re committed to protecting your rights and guiding you through every step of your case—including advising you on what to avoid posting during your investigation and trial.
Don’t Discuss Your Case Details Online
One of the biggest mistakes people make during a criminal case is posting about it on social media. Whether you’re venting to friends, defending yourself against accusations, or sharing updates about your legal situation, these posts can become powerful evidence against you in court.
Prosecutors actively review the social media accounts of people facing charges. They look for posts that admit guilt, describe the alleged crime, or provide details about what happened. Even if you believe your post is truthful or justified, it can still be used to build a case against you. Screenshots of your posts circulate beyond your control, and once something is posted online, it exists permanently—even if you delete it later.
Why Case Details Matter in Court
When you post about your case, you create a written record that prosecutors can present to a judge or jury. Unlike spoken words, social media posts are documented and timestamped. However, screenshots can be fabricated or altered, which is why prosecutors often subpoena platforms directly or obtain digital forensic extractions rather than relying solely on screenshots. A single post admitting you were at a location, describing your state of mind, or explaining your actions can undermine your entire defense strategy. Your attorney may have planned to challenge evidence or present a specific narrative in court, but your social media posts can contradict that strategy and weaken your position.
Additionally, posts about your case can interfere with the investigation itself. If you name suspects, share evidence, or speculate about what happened, you may face additional charges for evidence tampering or obstruction of justice. The safest approach is to avoid discussing any aspect of your case on social media entirely.
Avoid Posting About Your Location and Activities
Your location and daily activities tell a story. During a criminal investigation, that story can work against you. Posting check-ins, location tags, or photos that show where you are creates a digital timeline that prosecutors can use to establish your whereabouts during the time the alleged crime occurred.
Photos are particularly dangerous. A picture of you hiking, exercising, or enjoying activities can contradict claims about injuries or your physical condition. A photo showing you at a specific location can place you at a scene or prove you were somewhere you claimed not to be. Even photos taken by friends and family members—where you’re tagged or visible in the background—can become evidence in your case.
Travel plans and vacation photos are equally risky. If you post about traveling out of state or leaving town, prosecutors may use this to question your credibility or suggest you’re trying to flee. Location data embedded in photos can reveal exactly where you were and when, providing investigators with precise information about your movements. Under Illinois evidence rules, metadata from digital photos can be admitted to establish timeline and location.
The best practice is to avoid posting about your location, activities, or travel plans entirely while your case is pending. Ask friends and family members not to tag you in photos or posts. Monitor your social media mentions and search for your name regularly to see what others are sharing about you, and request that they remove posts that could impact your case.
Don’t Share Emotional Outbursts or Rants
When you’re facing criminal charges, emotions run high. You may feel angry, scared, or misunderstood. The urge to vent these feelings on social media can be overwhelming, but giving in to that urge can seriously damage your defense.
Emotional posts—angry rants, frustrated comments, or defensive arguments—can be misinterpreted in court. What feels like a justified response to you may look like an admission of guilt or evidence of a volatile temperament to a judge or jury. Prosecutors will use emotional posts to paint a picture of your character and state of mind. A heated argument in a comment section or an angry post about your situation can suggest you’re aggressive, unstable, or guilty.
Tone is also difficult to convey in writing. A sarcastic comment might be read as serious. A joke might be interpreted as a threat. Without the benefit of hearing your voice or seeing your face, people reading your posts may draw conclusions that are far from what you intended. In a criminal case, those misinterpretations can have serious consequences.
Instead of posting about your feelings, talk to your attorney, a therapist, or trusted friends and family members in private. Keep your social media presence neutral and avoid engaging in arguments or debates about your case.
Never Delete or Alter Posts After Charges
Once you’re aware that you’re under investigation or facing charges, deleting posts that contain material evidence relevant to your case can become a serious problem. Prosecutors may view deletion as destruction of evidence, which can result in additional criminal charges for obstruction of justice or evidence tampering. Even if you delete a post, digital forensics experts can often recover it, and screenshots of your posts likely already exist.
Altering posts—editing them to change their meaning or remove incriminating language—is equally dangerous. Prosecutors can see the original version of your post, and attempting to alter evidence can lead to obstruction of justice charges on top of your original charges. Under 720 ILCS 5/31-4, the destruction or alteration of digital evidence with the intent to obstruct a prosecution is a Class 4 felony. In Illinois, this carries a potential sentence of 1 to 3 years in prison, making ‘cleaning up’ your social media profile a greater risk than the original post itself.
The moment you’re contacted by police or become aware of an investigation, stop deleting or editing anything on social media. Preserve your accounts exactly as they are. Your attorney needs to see what’s there so they can develop an appropriate defense strategy. Attempting to cover your tracks will only make your situation worse.
Be Careful About What Others Post About You
You can’t control what your friends and family members post on social media, but their posts can still impact your case. If someone tags you in a photo, shares a story about you, or posts about your situation, that content becomes part of the digital record that prosecutors can access.
Ask your loved ones not to post about your case or your activities while you’re facing charges. Explain that their posts, even if well-intentioned, can harm your defense. Request that they remove any existing posts that mention you or your situation. Be especially careful about being tagged in photos—ask friends not to tag you, and remove tags when you see them.
Monitor your social media mentions and search for your name regularly to see what others are posting about you. If you find posts that could damage your case, reach out to the person who posted and ask them to take it down. Most people will be understanding once they realize the seriousness of the situation.
Frequently Asked Questions
Can social media posts really be used as evidence in criminal court?
Social media posts are admissible as evidence in criminal cases if they are properly authenticated. Courts recognize that posts are documents created by you, but authentication requires more than just a screenshot—prosecutors must provide additional evidence linking the post to you, such as testimony from you or others, metadata, or platform records. Under Illinois Rule of Evidence 901, social media posts are admissible if they are properly authenticated. This requires evidence sufficient to support a finding that the post is what the prosecutor claims it to be—often established through metadata, IP addresses, or testimony from others who viewed the post.
What if I delete a post before the police see it?
Deleting a post doesn’t make it disappear. Digital forensics experts can often recover deleted posts from your device or from social media company servers. Additionally, screenshots of your posts likely already exist, shared by other people. If you delete posts after becoming aware of an investigation, prosecutors may view this as destruction of evidence and charge you with obstruction of justice or tampering with evidence—crimes that carry serious penalties on top of your original charges. Under Illinois law (720 ILCS 5/31-4), obstruction of justice is a serious offense that can result in felony charges.
Are private messages protected during a criminal investigation?
Private messages are not protected from prosecutors. Under the Fourth Amendment and the Stored Communications Act, Illinois law enforcement typically requires a search warrant to access private social media messages. However, if a ‘friend’ or ‘follower’ shares a screenshot of your private content with the police, you effectively lose your expectation of privacy. Even messages you thought were private can become evidence in your case. The only communications that are protected are those between you and your attorney, which are covered by attorney-client privilege. Never discuss your case through social media private messages—always communicate with your attorney through phone calls or in-person meetings.
Can privacy settings protect me from prosecutors?
No. Privacy settings on social media platforms do not protect you from prosecutors. Law enforcement can obtain access to your private accounts through legal processes like search warrants. Additionally, anything you post can be screenshotted and shared by others, making it public regardless of your privacy settings. The only way to truly protect yourself is to avoid posting anything that could be used against you in your case.
What should I do if someone else posts about my case?
Contact the person who posted and ask them to remove the post. Explain that it could impact your legal case. Most people will be understanding and willing to help. If they refuse, you can report the post to the social media platform if it violates their community guidelines. In some cases, your attorney may be able to take legal action to have the post removed, though this should be discussed with your lawyer first.
Is it safe to message my attorney through social media?
No. Do not communicate with your attorney through social media private messages, comments, or any other online platform. These communications may not be protected by attorney-client privilege, and they can be accessed by prosecutors. Always communicate with your attorney through phone calls, in-person meetings, or secure email systems that your attorney’s office uses. When in doubt, ask your attorney what communication methods are secure and protected.
How long should I avoid social media during my case?
You should avoid posting anything related to your case from the moment you become aware of an investigation through the conclusion of your case, including any appeals. After your case is resolved, discuss with your attorney when it’s safe to resume normal social media activity. Your attorney can advise you on what’s appropriate for your specific situation.
Protect Your Defense—Contact Bruno Law Offices Today
Your social media presence can impact your criminal defense. The decisions you make online right now can affect the outcome of your case for years to come. If you’re facing criminal charges in Illinois, don’t handle this alone. Bruno Law Offices is here to help you understand your rights and protect your defense at every stage.
Contact Bruno Law Offices today at (217) 328-6000 to schedule a consultation. Our experienced criminal defense team will review your situation, answer your questions, and help you develop a strategy to protect your future. The sooner you reach out, the sooner we can start working to defend your rights.