Don't Let Twitter or Facebook send you to jail.

Posted on Nov 08, 2017

The legal world is a wonderful laboratory for examining the laws of unintended consequences. Few modern phenomena have brought this home more thoroughly then social media. If you and your friends post to Facebook, Twitter, Instagram and other entities be aware that the postings have an unhappy way of coming around to bite you later.

We have previously cited the unfortunate client who in her excitement over an impending jury verdict, posted something to the effect of "It's $$ time" only to be cross-examined in court the next day on what she meant. The extent to which this reduced or undercut her verdict is impossible to assess but she was clearly unhappy she hadn't waited another day to post.

Similarly, a client who was off-work due to a crash posted another job or project they were working on which made their lost income claim vastly less credible.

Another even worse consequence involves people on  probationary status posting party pictures which appear to depict them drinking or getting high. Probation agents can see these things and if you have received a favorable disposition or sentence contingent upon not drinking for a certain period of time, your probation can be violated and you can end up back in court looking at jail time or the reinstatement of charges.

So use common sense. If you have a personal injury claim don't screw it up by posting pictures of you snow boarding when you are supposed to disabled. Don't even post content suggesting that sure you will go skiing with so and so in two weeks. Even innocent things can be misconstrued by skillful defense lawyers.

If you received a PBJ (Probation before judgement) on a DWI, don't post pictures showing yourself drinking and if you are on home detention don't post photos of yourself at another location. In other words assume your social media is being looked at closely by police, prosecutors, judges, defense lawyers, insurance companies and anyone who stands to benefit from your mistakes.