WHY YOU SHOULD REFRAIN FROM POSTING ON SOCIAL MEDIA DURING YOUR CASE
Social Media, Investigators, and the Possible Impact on Your Case

In our digital age, social media platforms like Facebook, X (formerly Twitter), Instagram, Tumblr, TikTok, Snapchat, and LinkedIn are integral parts of daily life. While these platforms offer a convenient way to stay connected and share moments, they also present significant risks when you are involved in a legal case. Attorneys, guardians, law firm staff, insurance companies, and investigators frequently access and scrutinize public social network pages to find potential impeachment material. Simply put, anything you post can be used against you in a court of law.
Here is what you need to know to protect yourself:
All Social Media Content is Discoverable
Regardless of your privacy settings, everything you post on social media is discoverable. This means that opposing counsel can request archives of your social media sites or specific posts you have made. Be prepared to be questioned about your social media activity by defense counsel.
- Injury Cases: They might challenge how you can engage in certain activities if you claim to be injured.
- Criminal Cases: Pictures or comments of you in questionable circumstances can be held against you.
- Family Law Matters: They could question your social media activity concerning your parenting abilities, financial responsibilities (e.g., child support or alimony), or undisclosed property.
Social media posts can seriously damage your case. The safest approach is to stop participating in any social media activity until your case is concluded.
Avoid Posting Anything Related to Your Case
Do not post any information, comments, or pictures related to your case. Inform your family members to avoid posting anything about you or any pictures of you. Content such as photos of you smoking marijuana, engaging in illicit behavior, or references to any action deemed immoral can and will be used against you by the opposing party. Be forewarned!
Do Not Delete Existing Posts or Accounts
You are not permitted to "clean up" your social media pages or delete any accounts. Deleting posts or accounts can be considered a spoliation of evidence, which can negatively impact your case.
Be Aware of Surveillance
Opposing parties often hire investigators to take surveillance videos of your activities, hoping to catch you engaging in actions that could undermine your case. Be vigilant of any unfamiliar cars or people in your vicinity, as they could be gathering information to use against you.
Key Takeaways
- Pause Social Media Use: Refrain from using social media until your case is over.
- Do Not Post About Your Case: Avoid discussing your case or anything related to it online.
- Inform Your Family: Ensure that your family members are aware and do not post about you.
- Preserve Your Accounts: Do not delete posts or accounts, as this can be seen as destroying evidence.
- Stay Alert: Be conscious of potential surveillance by the opposing side.
By following these guidelines, you can help protect the integrity of your case. If you have any questions or need further clarification, please do not hesitate to contact us at 864-224-1144. Your cooperation is essential in safeguarding your legal interests.


