Criminal Cases and Social Media

 Posted on January 12, 2026 in Criminal Defense

Criminal cases and social media often collide in ways people do not expect. In a 2025 report, the Pew Research Center found that 84 percent of adults in the United States use YouTube and 71 percent use Facebook, showing how deeply social media is woven into daily life.

As of 2026, Illinois prosecutors routinely review social media activity as part of criminal investigations, even in cases that do not initially involve online conduct. When someone is facing criminal charges, constant online activity can quickly turn into evidence. The reality is that social media posts can be used against you, even when they seem harmless, private, or unrelated to a case.

If you are under investigation or have already been charged, our Chicago, IL criminal defense lawyer can offer crucial guidance.

Should You Stay Off Social Media Until Your Criminal Case Is Resolved?

Posting online while a criminal case is pending creates risk without providing any benefit. Prosecutors and investigators routinely review social media accounts looking for statements, photos, locations, or behavior that support their theory of the case.

Posts frequently cause problems when they:

• Conflict with statements made to the police

• Place you at a location tied to the investigation

• Suggest intent, motive, or state of mind

• Undermine credibility if you later testify

Even posts meant to defend yourself can backfire. Emotional reactions, jokes, or explanations often look very different when displayed in court.

How Can Social Media Posts Be Used as Evidence in Illinois Criminal Cases?

In Illinois, social media content is treated as electronic evidence. Under 725 ILCS 5/108-1, law enforcement may seek a search warrant for electronic data, including social media accounts, when probable cause exists. This can include posts, private messages, photos, videos, and account records.

Once obtained, that material can be introduced in court if it meets evidentiary rules. Posts are authenticated, preserved, and analyzed just like text messages or emails.

Prosecutors often use social media to challenge alibis or suggest intent. They may also rely on posts and messages to show communication between people involved or to attack credibility during testimony.

Are Private Accounts or Deleted Posts Actually Protected?

Privacy settings and deleting content do not always offer protection. Private messages can still be obtained through warrants, subpoenas, or cooperation from other users. Deleted content may still exist on platform servers or be recoverable through digital forensic tools.

Illinois law allows courts to suppress illegally obtained evidence under 725 ILCS 5/114-12. However, this protection only applies when police violate legal procedures. Content you voluntarily posted or shared is rarely excluded, even if you regret posting it later.

Can Social Media Activity Affect Bail, Bond, or Sentencing?

Social media activity can affect more than whether someone is found guilty. Judges may consider online behavior when evaluating compliance with bond conditions or court orders.

Posts that appear threatening, reckless, or dismissive can influence how a judge views responsibility and judgment. Even content unrelated to the original charge can shape decisions about bond violations or sentencing.

What Should You Do Instead of Posting While a Criminal Case Is Pending?

The safest option is to stay silent online until the case is resolved. That doesn’t mean ignoring your situation. It means protecting yourself from unnecessary risk.

Practical steps include:

• Logging out of social media platforms

• Asking friends not to tag or mention you

• Avoiding comments on public posts or news stories

• Speaking with your lawyer before making any statements

Illinois discovery rules allow prosecutors to request relevant information. Just keep in mind that something you think is totally unrelated could be twisted out of context to be used against you.

Schedule a Free Consultation With Our Cook County, IL Criminal Defense Attorney

Criminal cases today are shaped by both real-world events and online behavior. An attorney can help you understand how social media affects your case and what steps to take next. At Law Offices of James F. DiQuattro, our team is accomplished, aggressive, and dedicated to going the extra mile for clients. We fight for our clients by focusing on protection, strategy, and practical guidance at every stage.

Call 312-627-9482 today to schedule your free consultation with our Chicago, IL criminal defense lawyer and find out what we can do to protect your rights.