When it comes to social media sites like Facebook, it’s important to watch what you post—and not just because current or future employers might be watching. Lawyers and law enforcement now regularly look at people’s social media and can often use what they find as evidence. Find out what they are allowed to do and how you can protect yourself.

FAQ: Facebook & The Law

How do lawyers and law enforcement use social media?

Police comb social media profiles to check for possible evidence of incriminating behavior. Say, for instance, you have been charged with a DWI and are contesting the charges. If you posted selfies of yourself drinking with friends on the night you were arrested, the prosecuting lawyer could use this against you.

Is such Facebook evidence admissible in court?

The same standards apply to digital evidence as to any other kind of evidence; if the material is relevant, material, and been obtained by legal means—it can be admitted, provided it is properly authenticated. In other words, the proponent of the evidence must connect it to you. They must show that the photo or post is yours. If police or lawyers can legitimately access the information, such as if the aforementioned photos are publicly posted and available for all to see online, they can use it in Court, provided it is properly authenticated.

What about material that you post privately or send via messenger?

Sometimes stringent privacy settings don’t protect you. If there is reasonable suspicion that you have committed a crime, law enforcement can issue a subpoena to social media companies to provide access to your private account. Even deleted accounts or messages can be subpoenaed.  However, attorneys or police cannot access private content without your consent or a subpoena.

How can you avoid implicating yourself online?

Stay off social media regarding anything that can even be remotely related to your case.

What if you’re already facing incriminating Facebook evidence?

If you’re already facing charges where social media posts are being used as evidence, don't panic. A knowledgeable lawyer can dispute the admissibility of this material. Say there are incriminating messages sent from your Facebook account to another person. Your defense attorney can argue, under appropriate evidentiary rules,  that the government cannot prove you actually authored these messages.

For a legal professional with over 38 years of experience in Monroe County, NY, look to Thomas A. Corletta, Attorney at Law. With a focus on criminal and DWI law, this lawyer is committed to getting the best possible result for his clients. You won’t deal with inexperienced associates but will always speak to Attorney Corletta directly. He will give you the knowledgeable and honest legal advice you need. Find out more about his practice areas online. To request a consultation, call (585) 546-5072.