Arrested? Watch what you say – and post! Avoid Self-Incrimination!

Self-Incrimination should be a genuine concern. If you have been arrested, get off Facebook! Shut down your social media! Please, PLEASE, do not post anything about your case! Any police officer or prosecutor with a computer or smartphone can (and will) look you up on Facebook, Twitter, or whatever it is that’s popular at the time. Everyone knows you have the right to remain silent when you are arrested – television and movies have taught us that. Your right to remain silent, also known as your Miranda Rights, does not apply to your social media accounts. Anything the government finds on there is on you. While this may seem like common sense, here are a couple of true stories from my years of practice:

I had a client arrested for illegally hunting deer during the off-season. He and a buddy were out hunting in the woods. They climbed up a tree stand and hung out. Out walks a beautiful-looking doe. One grabs the hunting rifle, the other a smartphone. They aim with the rifle and the video camera and shoot. The two climb down, grab the dead doe, and take off. So, are you asking yourself how in the world they got caught when they were hunting in the middle of nowhere? Facebook. They posted the shooting video to Facebook, and friends started liking, sharing, and reposting it. The next thing you know, the video popped up on the Facebook feed of an agent from the Florida Fish and Wildlife Commission. No kidding, my client had recorded himself committing a crime and then basically gave the video to law enforcement.

In another case, the State charged my client with various crimes and went to trial. While the jury found the client not guilty, there was a little problem going into the second day of the trial: throughout the day, my client decided to share her true feelings about the judge and the prosecutor handling the case with the world. Someone saw the not-so-kind words on Facebook and tipped off the prosecutor, who was more than willing to share the posts with the court. Needless to say, the judge did not appreciate some of the names my client had used to describe her, and neither did the prosecutor. No charges came out of it, but you better believe it made for a stressful situation for the client.

I understand that social media is popular. I understand that, for some, it seems as essential as oxygen. That being said, if you are arrested, deactivate your accounts. Don’t let the government into your personal life. Please don’t give the government the evidence they need on a silver platter. Don’t anger the judge who may sentence you or the prosecutor who has the discretion to drop your charges. I use Facebook to find dirt on witnesses and victims in my cases, and I know that the government does the same regarding my clients.

Be smart.

Want more info? Contact me, and we’ll discuss your detail.