How Social Media Can Harm Your Defense In A Texas Family Violence Case

In this article, you can discover…

• If social media posts can be used against you in a family violence case.
• Whether messages that have been deleted can still be recovered and used as evidence.
• How to navigate social media activity when facing family violence charges.

Can Prosecutors Use My Social Media Posts As Evidence In A Family Violence Case?

Yes, they absolutely can. But to use social media posts as evidence against you in court, the post needs to have been made from your account, and evidence of that post (such as a screenshot) needs to be produced.

Next, it must be determined that it was you who made that post, as opposed to someone who logged into or accessed your account without your knowledge. This will generally be determined by a jury and is something to be argued for or against in court.

Social media posts can be quite damaging, and something you posted as long as 20 years ago can be admissible. Even if a post depicts something that is not technically illegal, it can still be used to paint a damaging picture of your character or paint you as someone who cannot be trusted and needs to be in jail a lot longer.

Can Investigators Recover Deleted Posts Or Private Messages For Use In Family Violence Prosecution?

Investigators can recover deleted posts or messages, and they do so frequently. They use a technology called “Cellebrite” that can find deleted information, files, messages, and posts that you thought were gone.

With this technology, there is a good chance that any deleted messages will be recovered. They will dump your phone, and the alleged victim’s phone, and just because you deleted a message on your end doesn’t mean the message isn’t still visible on the other party’s device.

Attorney Jonathan Lowe is a caring, hard-working criminal defense lawyer serving Texas. Since 2014, he’s helped clients just like you navigate social media posts and digital evidence in light of family violence charges.

Have questions, or in need of legal representation? Reach out to The Lowe Law Office, PLLC for an initial consultation today.

What If My Messages Are Edited Or Altered By The Other Party?

If the other party has deceptively edited messages from you to paint you in a bad light, this can also be discovered, as well. For example, I had a case where an alleged victim of family violence handed the prosecutor screenshots of text messages between themselves and my client.

When I showed those screenshots to my client, he said that those messages were edited and that there was far more to the conversation. We got the actual, original text messages and proved that the victim had edited them and left out key context. Because of this, I was able to get the charges against my client dismissed.

For this reason, it’s important to keep any communication between yourself and an alleged victim, and not delete it. If the other party tries to edit images and make you look bad, it’s helpful to have the entire context of that conversation to examine later.

Can Posts Made By Friends Or Family Hurt My Defense In A Family Violence Case?

Posts by friends and family would typically be considered hearsay and therefore, inadmissible in court. That said, these posts can still be used by the prosecution. The prosecutor can still consider them in plea negotiations and even subpoena the recrods or the friend or family member to court to ask further questions. Further, if that same friend or family testifies at your trial, the prosecutor will try to use that post to impeach them. There are still many ways a prosecutor can try to use hearsay against you, even if it is not something you yourself said.

For example, they may see a post from a friend of yours describing a fight you got into with your spouse. They could then contact that poster and seek out new evidence, such as witness statements, that would corroborate that the fight took place and what occurred.

Even if a friend or family member’s social media posts are not admissible in court, they could still be used by the State to determine what to offer you as far as charges and penalties. For example, if the State has multiple posts from your friends and family corroborating the idea that you’re violent or dangerous, this could lead to the State taking probation off the table entirely and offering you only reduced prison time instead.

Attorney Jonathan Lowe is a caring, hard-working criminal defense lawyer serving Texas. Since 2014, he’s helped clients just like you navigate social media posts and digital evidence in light of family violence charges.

Have questions, or in need of legal representation? Reach out to The Lowe Law Office, PLLC for an initial consultation today.

Can A Criminal Defense Lawyer Review My Social Media Activity To Protect Me Before My Court Date?

Absolutely, and they should. If there is possible evidence against you within your social media posts, your attorney will advise you on what steps to take next and how to respond.

However, your attorney also has ethical and professional obligations and can not advise you on how to cover up evidence of a possible crime. Simply be honest with your attorney, share your social media history, and allow your lawyer to advise you on your next strategic steps.

What’s The Most Surprising Way You’ve Seen Social Media Evidence Used Against Someone In Court?

I had a client who was a wrestler. He posted on Facebook, “I had to hit him with that FN”. Now, in this context, he meant “full nelson”, which is a wrestling move. However, the prosecution believed that FN stood for “Fabrique Nationale”, a firearms company, and assumed this was a threat to kill the guy. In reality, my client was threatening to wrestle someone, not kill them.

Because we were able to communicate this to the grand jury, the grand jury concluded there was insufficient evidence to support criminal charges, allowing my client to avoid court proceedings and a trial and to have the case “no-billed” and dismissed.

Still Have Questions? Ready To Get Started?

For more information on social media and family violence charges in Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 369-9666 today.