Our Virginia Criminal Defense Lawyers Explain the Impact of Social Media on Your Criminal Case
If you’re like most people in Virginia, sharing on social media is part of daily life. Unfortunately, these posts can be evidence against you in court if you’re charged with a crime. Our experienced Manassas criminal defense lawyers at The Wilson Law Firm are ready to protect your rights—and it’s possible that your social media posts could actually be used in your favor as part of the common defenses we raise to fight your criminal charges.
How Police and Prosecutors Can Obtain Social Media Evidence Against You 
Law enforcement might search your social media posts as part of its criminal investigation. In addition, the prosecutor could also scour your posts while your case is being decided.
Here are some types of evidence they’re looking for:
- Photos and videos. These might demonstrate activities that can be linked to a crime. For example, if you post a photo of yourself with drugs or a gun, the police could use this to obtain a search warrant or present it as evidence that you committed a drug offense or a crime involving a weapon.
- Your posts. Law enforcement officers may also review your posts to search for threats you made against individuals, or to find statements that suggest you were thinking about committing a crime. They could also use your posts to identify possible witnesses that might provide additional evidence against you.
- Check-ins. Your updates while you’re out and about having fun can also cause problems if you’re accused of committing a crime. For example, the prosecutor could use photos of you at a bar to convict you if you’re arrested for DUI under Virginia Code § 18.2-266.
How Our Criminal Defense Lawyers Can Use Social Media in Your Defense
Depending on the charges you face and the facts surrounding your arrest, the legal team at The Wilson Law Firm might consider your social media posts as part of our defense strategy. Here are ways they can help us defend you:
- Alibi. If you’re raising an alibi defense, we may be able to use your posts, photos, or videos to show you were somewhere else when the police claim you committed a crime. Your posts might also help us create a timeline to prove that you couldn't be at the location where the offense was committed.
- Witnesses. Our legal team may search your social channels to identify or locate witnesses who could be helpful in your defense. In addition, we can search sites used by witnesses for the prosecution to find evidence to raise doubts about their credibility or to show they’re biased against you.
- Jurors. If your case is going to trial, we’ll review potential jurors' social media postings for statements they made that suggest they would be biased or have preconceived ideas that affect their ability to be impartial. During your trial, their posts might also demonstrate that they’re violating the court's order—such as not discussing details of your case—which could unfairly affect the verdict in your case.
Read our criminal defense reviews to learn more about the amount of attention and professionalism we provide each and every client, regardless of the charge.