Social Media and Self-Incrimination in Illinois

 Posted on July 24, 2025 in Criminal Defense

What you post online can come back to haunt you, especially if you are facing criminal charges in Illinois. Whether it is an Instagram photo, a TikTok video, or Facebook comments and photos, prosecutors are increasingly turning to social media for evidence in criminal charges. A single post, photo, or video could be used to contradict your statements, suggest intent, or place you at the scene of a crime.

Although First Amendment rights matter, the wrong post at the wrong time could seriously damage your case. Consulting with a Will County, IL criminal defense attorney can help ensure that you do not make any missteps involving social media that could potentially derail your case.

How Law Enforcement May Use Social Media in Criminal Investigations

Law enforcement agencies routinely use social media in criminal investigations to gather evidence, identify suspects, and strengthen their cases. Locations can be tracked through geotags, and law enforcement officers may even create fake profiles to access private information.

Social media photos, videos, messages, and location data can be invaluable in establishing timelines and connections between suspects. If you believe having an account set to "private" prevents access, this is hardly the case. Subpoenas can be issued to obtain private messages, deleted content, or account details directly from social media companies.

Suppose you provide one account of an event, and social media directly disproves that account, then anything you say afterward may be viewed suspiciously by the jury. This means that you need to work closely with an experienced criminal defense lawyer and avoid making any statements, whether to the police, the prosecutor, or on social media.

How the Use of Social Media in Criminal Cases Can Go Wrong

Although the use of social media by law enforcement is fairly routine, there are negative consequences for those charged with a crime, including:

Witness Testimony Can Be Impacted by Social Media Posts

It has been proven time and again that eyewitness accounts are not always the most reliable source of information. When social media posts are used to influence how witnesses perceive and recall events, eyewitness accounts are even more suspect. A witness could be exposed to social media information that alters their memories or perceptions, which is especially problematic in high-profile cases where public discussion is rampant.

Jury Perceptions Can Be Shaped by Social Media

Given the widespread use of social media, jury members are likely to be exposed to online content related to a specific case. This can directly impact a juror’s ability to remain impartial. Even though most adults are aware that misinformation abounds on social media, it is all too easy to be swayed by information and opinions of others.    

The Effect of Viral Social Media Content on Public Opinion

Social media has drastically altered the way we disseminate information, especially when posts go viral. Viral online content can shape public opinion regarding criminal cases. Obviously, a viral post or video can potentially be beneficial for a defendant, or it can be detrimental, either spreading misinformation or uncovering injustice. Even so, your guilt or innocence should not rest on viral online content, which may or may not be factual.

Do Not Let a Social Media Post Send You to Prison

Whether you are guilty or innocent of the crime charged, the best thing you can do for your future is to stay far away from social media. Do not post messages, photos, or videos, and if you have already posted something you believe may hurt your case, speak to your defense attorney about it as soon as possible. It is always better for your attorney to be able to get out ahead of a potentially negative issue than to be blindsided by it in court.

Contact a DuPage County, IL Criminal Defense Lawyer

If you have been charged with a crime in Illinois and are concerned about what you posted online, consult a skilled Naperville, IL criminal defense attorney from Law Office of Patricia Magaña, LLC. Attorney Magana focuses her practice on criminal defense, and she is bilingual with extensive experience in appellate practice. To schedule your free consultation, call 630-448-2001.