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How Social Media Can Hurt Your Criminal Case

The Bonderud Law Firm

In today’s world, nearly everyone uses social media — but if you’re facing criminal charges, what you post (or even what others post about you) can become damaging evidence. Prosecutors and law enforcement routinely monitor Facebook, Instagram, Snapchat, TikTok, and other platforms for content that can be used against you.

At The Bonderud Law Firm, we advise every client to treat social media as a potential minefield during a criminal investigation or prosecution. Here’s what you need to know.


Yes, Prosecutors Do Look at Your Social Media

Social media posts are often introduced as evidence in criminal cases, especially in:

  • Assault and battery cases (posts showing threats, weapons, or fights)
  • DUI and drug cases (posts showing intoxication or illegal substances)
  • Theft or fraud cases (boasting about money or property)
  • Domestic violence or stalking cases (communications with the alleged victim)
  • Gang-related or firearm offenses (photos, affiliations, or tagged content)

Even private messages and deleted content can be subpoenaed or retrieved through forensic methods.


Common Mistakes That Can Hurt Your Case

🚫 Posting about the incident
Even if you’re “just venting” — your statements can be twisted into an admission of guilt.

🚫 Communicating with alleged victims or witnesses
This may violate a no-contact order or be used to allege witness tampering or intimidation.

🚫 Sharing photos of weapons, alcohol, or drugs
Even unrelated content can paint a picture of character that a prosecutor will exploit.

🚫 “Cleaning up” or deleting content after being charged
This can be viewed as destruction of evidence or consciousness of guilt.


What You Should Do Instead

Set all social media accounts to private (but don’t assume this makes you safe)
Avoid posting anything — even vague or personal content — until your case is resolved
Ask friends and family not to tag you or post about your situation
Do not message anyone involved in your case
Tell your lawyer about any concerning posts, messages, or accounts immediately


What You Post Can Be Used Against You — But We Can Fight Back

At The Bonderud Law Firm, we understand how prosecutors use digital evidence and how to challenge its admissibility or relevance in court. If you’re facing criminal charges in Florida, don’t let your social media feed become the prosecution’s strongest witness.

Contact us today to schedule a consultation and protect your rights — online and offline.

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