Hear from what Cobb Defense Attorneys have to say!
Flynn Broady
Social media posts, photos, and messages can be introduced as evidence in both criminal and civil cases. Prosecutors often use them to show intent, establish timelines, or corroborate witness testimony.
Posts, comments, and private messages may all be subject to discovery.
Content is often permanent, even if deleted, through forensic recovery.
Courts require strict authentication to ensure posts truly came from the accused.
Posts must be relevant to the case.
Screenshots alone are often not enough; evidence must be linked to the defendant’s account or device.
Statements may be considered hearsay unless they fall under an exception, such as party admissions.
Establishing motive, intent, or premeditation.
Demonstrating presence at a location or association with certain individuals.
Contradicting alibis or prior testimony.
Authentication challenge — arguing the post cannot be definitively tied to the defendant.
Context — highlighting satire, exaggeration, or ambiguity in online language.
Hearsay objections — preventing out-of-court statements from being admitted without an exception.
Fourth Amendment — raising issues if posts were obtained through unlawful searches or seizures.
Social media is increasingly central in criminal investigations.
A single post can be the difference between conviction and acquittal.
Skilled defense attorneys can challenge the credibility, context, or admissibility of online evidence.
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