Why Posts, Photos, and Private Messages Can Come Back to Haunt You
In today’s world, social media captures nearly every part of our lives. We share photos, post opinions, and stay connected to friends and family — often without thinking twice. But if you’ve been arrested, charged with a crime, or are under investigation in Texas, those same posts could become powerful evidence against you.
At Botsford & Roark, Austin criminal defense attorney Brian Roark has seen firsthand how a single social media post can complicate a case or destroy a defense strategy. Whether it’s a photo, a comment, or even a private message, anything you share online can be used to challenge your credibility, contradict your statements, or paint you in a negative light before a jury.
How Prosecutors Use Social Media Evidence
Social media has become one of the first places law enforcement looks during an investigation. Once charges are filed, prosecutors and investigators routinely scour platforms like Facebook, Instagram, TikTok, Snapchat, and X (formerly Twitter) for evidence that can strengthen their case.
They may look for:
- Posts or photos showing illegal activity, such as drinking while on probation or holding a firearm if prohibited.
- Statements that contradict your defense, even if they were made jokingly or out of frustration.
- Tag locations or timestamps that suggest you were somewhere other than you claim.
- Interactions with others involved in the case, which can imply coordination, threats, or intent.
In Texas courts, much of this digital evidence is admissible. Even if you delete a post, screenshots, backups, or data stored by the platform may still be recovered through subpoenas or forensic tools.
As Brian Roark explains, “Social media gives prosecutors a window into a person’s life, and many people underestimate how damaging even innocent posts can look in the wrong context.”
The Illusion of Privacy Online
One of the most common misconceptions among defendants is that private accounts or deleted messages are safe from scrutiny. Unfortunately, that’s rarely true.
Law enforcement can obtain warrants or subpoenas to access private messages, photos, and account histories. In some cases, they can even recover deleted content through metadata or archived copies.
And while privacy settings can restrict what the public sees, they don’t protect against screenshots, reshared content, or tagged photos on someone else’s page. Even if you think you’ve removed something, it might already exist elsewhere online, completely beyond your control.
At Botsford & Roark, our legal team regularly advises clients to pause all social media activity while a case is pending. “If you’re facing criminal charges, it’s not just smart, it’s essential,” Roark says. “Anything you say or post can and will be used against you.”
How Innocent Posts Can Be Misinterpreted
You don’t have to post anything incriminating for social media to cause problems. Prosecutors often use ordinary content to question your character or credibility in court.
A few examples include:
- Photos showing you smiling or traveling soon after an alleged incident, which could be used to suggest you’re not remorseful.
- Sarcastic comments or jokes that could be twisted into admissions of guilt.
- Posts about alcohol or nightlife, which might be portrayed as evidence of poor judgment or recklessness in a DWI or assault case.
- Messages between friends, taken out of context to imply coordination, threat, or motive.
Title IX and Digital Footprints
For college students accused of misconduct under Title IX, the risks are just as serious. Messages, texts, and posts can heavily influence a university’s disciplinary findings, even before law enforcement gets involved.
Roark, who has defended students across the nation in both criminal and Title IX proceedings, notes that social media often becomes the tipping point. “A student might think a post or message helps clear things up, but investigators can easily misinterpret tone or intent. Once that evidence is in the record, it’s hard to undo the damage.”
That’s why Roark immediately counsels students and families to stop posting online and let the legal team handle communication and documentation instead.
What To Do If You’re Facing Charges
If you’ve been accused of a crime in Texas — or believe you may soon be — take immediate steps to protect your rights online:
- Stop posting immediately. Even harmless updates can be taken out of context.
- Set accounts to private, but don’t delete anything. Deleting content could appear as an attempt to destroy evidence.
- Ask friends and family not to tag or mention you. Their posts can be used against you, too.
- Save copies of your own posts. Your attorney may need to review them for potential issues or use them to support your defense.
- Discuss everything with your lawyer. Before you post, reply, or deactivate anything, get legal guidance.
Social media evidence moves fast, and without quick legal advice, you could lose control of how your story is told.
Why Legal Guidance Matters More Than Ever
With prosecutors relying more on digital evidence, it’s critical to have an attorney who understands how to navigate both the courtroom and the digital landscape. Brian Roark has decades of experience defending Texans in high-stakes criminal cases, including DWI, sexual assault, domestic violence, and federal investigations.
His approach combines aggressive advocacy with strategic discretion, protecting clients not only in court but also in the court of public opinion. “In today’s world,” Roark says, “defending your reputation online is as important as defending your rights in court.”
At Botsford & Roark, our team works closely with clients to identify potential risks early, challenge the admissibility of digital evidence, and build a defense that withstands both legal and public scrutiny.
If you’ve been charged with a crime or contacted by law enforcement in Austin or anywhere in Central Texas, don’t wait to get help. Contact attorney Brian Roark and the team at Botsford & Roark today for a confidential consultation. We’ll review your case, protect your rights, and help you take the right steps — on and offline — to safeguard your future.
"Best it gets, hands down. It was an easy and stressless experience having Brian handle my case, and I am forever grateful I was pointed in his direction. Do not think twice about having him represent you. From day one, it was well laid out for me what the plan was, and he made it happen. Highly recommend!" - Blake B., ⭐⭐⭐⭐⭐