Social networking on sites like Facebook has its advantages and one major disadvantage. While sharing in your friend’s lives can be rewarding, sharing your own life in its entirety on Facebook can put you at a great legal risk. It can be a significant problem when the commentary and photos you post are used against you in a court of law. In fact, many social media users are unaware that the Miranda Rights covers everything you say, or write, in which you are sharing it with a public official or on a public forum. Unlike hearsay, in which words you have purportedly spoken is repeated through a second source, the words and photos you post on Facebook have clearly been uploaded by you for a public audience, which largely limits your rights in objecting to its presentation in legal proceedings. More information on authenticating Facebook evidence below.
Facebook, a Legal Risk
There are many types of criminal and civil cases in which what you share on Facebook can negatively impact the outcome of a case, such as in harassment, violation of probation or parole, insurance fraud, divorce, and child custody. Therefore, here are 3 tips to consider before you post your next comment or photo:
Remember, while you may think that what you’re writing or sharing doesn’t malign your character, it is ultimately up to the judge to interpret its bearing on your character, your motives and the overall case.
If you’ve been wrongfully accused based on something you’ve posted on the internet, contact the law offices of Attorney Paul Stuber in Boulder, CO by calling (303) 351-5140. For legal advice you can count on, trust the legal advice of an experience criminal defense attorney.