In Ohio, your social media content can be used as evidence in court. It can be used against you, or it can be used to back up your defense. With the help of an experienced attorney, you can develop the best strategy to defend yourself in court.
How Can Digital Evidence Be Used?![]()
What you post online — including photo, video, and written content, along with private messages — can be useful for law enforcement or your defense team to build a timeline, establish connections, and more. Digital evidence can go beyond social media to include search history, communications, financial transactions, texts, call history, voicemails, location data, Uber rides, and more.
Digital evidence can be incriminating in many ways, whether it’s being tagged in a photo with known criminals, leaving threatening comments, posting from a bar before getting a DUI, exchanging messages about a meet-up, or posting video footage of a crime being committed.
How is Digital Evidence Collected?
If you have a public social media profile, that means anyone can see your posts, likes, and comments. Even with privacy settings on your account or searching with a private browser, law enforcement may gain access to your online activity with a search warrant or subpoena.
Remember — everything you do online is never really private. And law enforcement may be especially alert if you already have pending charges.
How Does the Court Admit Digital Evidence?
While digital evidence can be helpful, it can also be unreliable. In order for it to be valid evidence, the evidence must be authentic, relevant, and obtained legally (with consent or with a warrant).
The court must first authenticate any digital evidence to make sure it’s real. It can be easy to modify digital content using advanced editing and AI capabilities, so the law requires a thorough investigation before it can be admitted as evidence.
Video evidence can be used in a variety of ways, whether it’s just a small clip of the footage or with/without audio.
Even if digital evidence can seem incriminating, your defense may be able to introduce doubt or determine if the evidence was obtained illegally.
Collaborate with the right team of defense lawyers to look at the specifics of your case and build the best defense to protect your rights.
Are you or someone you know facing criminal charges?
If you are facing criminal charges, you need to speak with an experienced criminal defense attorney as soon as possible. The Law Offices of Steven R. Adams is recognized by Super Lawyers, Best Lawyers, The Best Lawyers in America, National Trial Lawyers Top 100, and is one of U.S. News' Best Law Firms. Please contact us online or call our Cincinnati office directly at 513-929-9333 to schedule your free consultation.
