Social Media In Texas Criminal Cases

By Paul Meyers, The Meyers Firm, PLLC

In 2025, life is online. We post everything from workouts and rants to documentation of nights out. But if you face charges in Montgomery County, social media evidence in a Texas Criminal case turns your digital scrapbook into Exhibit A.

Prosecutors do not rely solely on police reports anymore; they scroll through your timeline to build their case. Here is how the District Attorney weaponizes your social media evidence, from facebook, instagram, snapchat and how you can protect yourself from self incrimination.

Gathering Social Media Evidence in a Texas Criminal Case

Do not rely on privacy settings. In a criminal investigation, “private” accounts do not exist. To gather social media evidence in a Texas Criminal case, prosecutors access your data through three primary methods:

• Subpoena Power: Prosecutors subpoena Meta (Facebook/Instagram), Snapchat, and X (Twitter) to seize account data, including “private” posts, Direct Messages (DMs), and location history.
• The “Frenemy” Factor: Investigators use cooperating witnesses to open their phones and screenshot your “private” stories.
• Burner Accounts: Police frequently use undercover accounts to monitor your public profile and track your associations.

Authenticating Social Media Evidence in a Texas Criminal Case

That could have been posted by anyone?

How do they even prove I posted that?

You may think the State cannot prove you authored a specific post. However, Texas courts disagree.

Under the landmark case Tienda v. State (2012), the State doesn’t need a confession to authenticate social media evidence in a Texas Criminal case. Instead, they can use circumstantial evidence to link the post to you, including: https://caselaw.findlaw.com/court/tx-court-of-criminal-appeals/1593701.html

• Profile photos that resemble you.
• Mentions of your nickname or birthday.
• Location tags that match your known whereabouts.

If these “distinctive characteristics” match, the judge can admit the evidence. Once a jury sees a photo of you holding a weapon or flashing cash, the presumption of innocence fades and you’re in trouble.

3 Posts That Destroy Defenses

We see three specific categories of social media evidence that sink criminal cases in Montgomery County and throughout Texas:

1. The “Balling Out” Post: Posting photos of cash stacks, jewelry, or new cars while facing financial or drug charges destroys your defense.
2. The “Party” Post: If you post a video of yourself drinking at a bar while on bond for a DWI or assault, the DA can use this to file a “Motion to Revoke Bond.” You will return to jail not for the crime, but for violating your bond due to the contents of your social media post.
3. The “I’m Sorry” Post: Vague apologies like “I messed up bad last night” serve as confessions of guilt in court.

The Trap: DO NOT DELETE EVIDENCE

Stop. Do not open your phone to delete bad photos.

In Texas, deleting data during a pending investigation constitutes Tampering with Physical Evidence (Texas Penal Code § 37.09). A Third-Degree Felony carries a prison sentence of 2 to 10 years and up to a $10,000 fine. Don’t make the situation worse by adding this charge to the problems you already face during a criminal investigation. https://codes.findlaw.com/tx/penal-code/penal-sect-37-09/

Your Action Plan

If you are under investigation or were arrested, follow these steps immediately:

1. Stop Posting: Go dark. Do not discuss your case or your weekend.
2. Lock Down Settings (Do Not Delete): Restrict account access to strangers, but destroy nothing.
3. Stop Tags: Instruct friends to stop tagging you in posts to protect your privacy.
4. Call The Meyers Firm: Paul knows how to challenge social media evidence in a Texas Criminal case and argue against the Tienda standard.

CALL THE MEYERS FIRM NOW

In the age of digital self-documentation, your best defense against criminal charges in Montgomery County and across Texas begins with your thumb—by not tapping “Post.” The relaxed standards for authenticating social media evidence, solidified by cases like Tienda v. State, mean your digital footprint is an open door for the prosecution.

The single most important action you can take when under investigation or arrested is to silence your social media presence, change your privacy settings (but delete nothing), and immediately consult with a lawyer who understands how to fight the Tienda standard and protect your constitutional rights in this evolving digital courtroom. Paul Meyers, at the Meyers Firm, has handled hundreds of cases involving social media evidence. If you are facing criminal charges in the Woodlands, Conroe, or anywhere in Montgomery County, Texas- Call The Meyers Firm NOW at 936-766-5171 or contact via email at meyerspaulesq@gmail.com. /lawyers/paul-meyers/