If you’re facing criminal charges, the attorneys at the Marc Lopez Law Firm encourage you to think very carefully before posting anything on social media. Police are often able to obtain social media records, even if your accounts are set to private. Never mind if this is fair—it’s how the system works.

If you’ve been charged with a crime, the prosecutor can write out a subpoena, and if a judge is willing to sign it, this can give them access to all of your online data. It can make for a crazy information dump, but the bottom line is, the more that’s out there, the more there is that can be used against you.

Anything you put on social media has the potential to be weaponized. That’s a fact. And we’re not just talking about posting videos of you and your friends doing crimes. You absolutely shouldn’t do that, but you should also consider how any online post might reflect on your current case.

For example, if you’re facing alcohol-related charges, maybe don’t post pictures of yourself partying. Sharing this sort of information might lead the prosecutor and/or the judge to conclude that you’re not taking your situation seriously.

Under no circumstances should you be posting about your case on social media. Maybe you think it makes for an interesting blog, but the prosecutor can read that too. Any unflattering commentary you offer is only going to make it harder for your attorney to help you.

Don’t put anything on social media that the State could use against you. That’s a good rule in general, but it’s especially true for criminal defendants. If you have any questions about what you should or shouldn’t share online, give us a call at 317-632-3642 and remember—always plead the 5th!