What Counts as Digital Evidence in a Criminal Case?

In Washington State, a simple text message or social media post can quickly become evidence in a criminal investigation. But just because something is written online doesn’t make it legally admissible—or prove you’re guilty.

At the Law Office of Erin Bradley McAleer, we regularly defend clients in Clark County and throughout Washington who are accused based on digital communications. Here’s what you need to know if you’re being investigated or charged with a crime based on something you sent, posted, or shared online.

What Counts as Digital Evidence in a Criminal Case?

Prosecutors increasingly rely on:

  • Text messages
  • Emails and chat logs
  • Social media posts (Facebook, Instagram, Twitter/X, TikTok)
  • Direct or private messages (DMs)
  • Screenshots, videos, and cloud-based communication backups

These can play a central role in cases involving harassment, no-contact order violations, threats, or conspiracy.

Are Texts or Posts Automatically Admissible in Court?

No. Before digital content can be used against you in court, the prosecution must meet strict legal standards:

1. Relevance (ER 401)

The message must relate directly to the charges or the alleged criminal conduct.

2. Authenticity (ER 901)

They must prove that you actually sent or authored the message. This is not always straightforward—phones get shared, accounts can be hacked, and identities can be faked.

3. Hearsay Rules (ER 801–803)

Many messages are inadmissible as hearsay unless they fall under a narrow exception. A statement pulled from context, or forwarded by someone else, may be excluded.

Criminal Charges Often Based on Digital Messages

You might face charges related to:

  • Harassment – RCW 9A.46.020
  • Cyberstalking – RCW 9.61.260
  • Violation of a No-Contact or Protection Order
  • Distribution of Intimate Images – RCW 9A.86.010
  • Solicitation or Conspiracy through online communications

Each of these charges can carry serious penalties—including jail time, no-contact orders, and permanent criminal records.

Legal Defenses Against Text and Social Media-Based Accusations

A. Challenging Authorship

Just because a message came from your phone or account doesn’t mean you sent it. We examine access logs, metadata, and usage patterns to raise reasonable doubt.

B. Suppressing Illegally Obtained Evidence

If law enforcement searched your phone or account without a warrant, or used an overly broad search, we may file a motion to suppress the evidence.

C. Establishing Context

A sarcastic message or private joke can be easily misunderstood. We bring in the full context to show what the message really meant.

D. Leveraging Digital Forensics

We work with experts to analyze technical data—timestamps, IP addresses, login records—to expose flaws or inconsistencies in the prosecution’s evidence.

Can Deleted Messages Be Used Against You?

Yes—deleted texts, emails, and posts can still be recovered from:

  • Cloud backups (iCloud, Google Drive)
  • The recipient’s device
  • Messaging app servers
  • Forensic software

However, recovered data often comes with chain-of-custody issues, missing metadata, or questions about who actually created or accessed it—issues we are trained to challenge in court.

Does Section 230 Protect Individuals from Criminal Charges?

No. Section 230 of the Communications Decency Act protects online platforms (like Facebook or Reddit) from being sued over user content—but it does not shield individuals from prosecution for what they post.

If you’re facing criminal charges because of something you said or posted, you can still be prosecuted—regardless of what platform you used.

Why You Need a Criminal Defense Attorney Right Away

When digital evidence in a Criminal Case is involved, timing is everything. Messages can be altered, accounts accessed, or key data lost if not preserved properly. You need a defense attorney who understands both criminal law and digital technology.

At the Law Office of Erin Bradley McAleer, we:

  • Challenge unlawfully obtained evidence
  • Investigate authorship and access to digital accounts
  • Analyze metadata and technical flaws in digital records
  • Defend your rights against overreach and misinterpretation

Take Action Now: Protect Your Rights and Your Future

Have you been accused based on a text, message, or post? Don’t assume the evidence is solid—and don’t face it alone.

Let our experienced legal team evaluate the case against you and build a defense that works.

Contact the Law Office of Erin Bradley McAleer today for a confidential, no-obligation consultation.