Are Facebook Posts Admissible as Evidence?

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Are Facebook Posts Admissible as Evidence?

Social media is ubiquitous.  Facebook, Twitter, WeChat, Instagram, and more let everyone document their lives in words, pictures, audio, and video.  It’s no secret that some people have the tendency to overshare, providing details into their lives that really should stay private for one reason or another.  One topic that can definitely cause major problems when you overshare?  Your legal case.  Social media accounts are coming under more and more scrutiny in legal cases, in many different practice areas.  Why?  Because many different types of social media posts, including Facebook posts, can be admissible as evidence in a court of law.

Put plainly: if you post something detrimental to your legal case on social media it can and will be used against you.  If you were in a car accident and post a selfie with the caption “I’m okay!”, insurance companies could use that picture to claim that you were not injured.  If you are seeking temporary disability after suffering from a work injury and “check in” at Mammoth Mountain, you could be denied workers’ compensation benefits.  On trial for assault?  Making a post talking about taking part in the incident could be used as evidence against you.

Social media posts can go both ways.  The Law Offices of Scott Warmuth advises all of its clients to avoid posting any references about their ongoing legal cases to social media.  At the same time, our team may examine the social media postings of the defendants in your case, hoping to find corroborating evidence.  Imagine if you were hit by someone who ran a red light, but told police they had a green light.  A post that contradicts that statement, or points to additional possible evidence, would be very helpful to your case.

The Law Offices of Scott Warmuth offers comprehensive legal services in several practice areas.  For a free legal consultation, call us today at 888-517-9888!

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