Will your social media sink your case?

November 26, 2018

 

Unless you are stuck in the stone age you are likely an active smart phone or a computer user.  These little devices of modern convenience are packed with social media apps, pictures and video.  With apps like FaceBook, Instagram, Snapchat, Twitter and YouTube those posts, snaps, tweets and videos may not be as private as you think and that can be very embarrassing especially if they impact the outcome of your legal case.  

Leaving aside all the non legal reasons to make a post to the world- literally, there are some things you should keep in mind when it comes to your own posts, tweets and videos while you have an ongoing legal matter.

 

Cases involving Custody and Visitation, Child Support, Order of Protection and Juvenile Delinquency all have similar pitfalls when you forget that your friends and family are not the only people who may see your post.  Ex's, employers, prosecutors or a trolling stranger or even a member of your family you are not very close with enjoy creating problems.  They are gleefully looking at an incriminating post that can cause real damage to your case.    

 

It may provide evidence to establish the existence of denied relationships, to show poor parenting skills or judgement, to support or refute an alibi, to show smoking or the use of other substances not normally associated with someone who is a law abiding citizen and exemplary person.


We have seen posts used by an ex to show that the husband who could not afford child support wearing luxury items and on a trip in an exotic location.  In another instance people who deny drug or alcohol use generally would not post themselves wearing a t-shirt with a giant marijuana leaf and a blunt in their mouth. Would you?

 

You may want to keep the following tips in mind:

  • Set all your accounts to private.  

  • Think what would a judge, my ex or my lawyer think if they saw this picture.

  • Consider setting up a google alert for your name to keep track of anyone attempting to use it for malicious purposes.

  • Don't post anonymously.  With the right computer forensics and resources those posts won't be anonymous for long.

  • Think before you post.

  • Consider enjoying the moment or experience without social media. 

Please post carefully.  If you have any questions feel free to contact the office and we will assist with your legal matter.

 

 

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