The Use Of Social Media In Domestic Violence Cases

In this day and age, many people in the United States feel strongly about their social media, seeing it as a place to express unfiltered thoughts they cannot articulate elsewhere. While this can be catharsis, it does bring significant trouble in many situations. If you have been charged with a crime of domestic violence in Florida, one of the most important things you should be aware of is that your social media can and will be used against you.

Legally Obtained Posts Are Evidence

Anyone who has ever watched a police TV show is probably aware of the case of Miranda v. Arizona (1966), which requires law enforcement to recite a list of rights when someone is being arrested. One of the most frequently-quoted lines is “anything you say can and will be used against you” – but what many do not realize is that things you write can also be used against you!

In Florida and in most other U.S. states, social media posts and text messages are considered evidence, as long as they are legally obtained. They can be used as primary evidence – for example, if you threatened someone via text, it can help to establish that they had a reasonable fear of becoming a victim of domestic violence. Alternatively, messages and posts can be used to document actions – locations and patterns of behavior can play a role in determining guilt and innocence.

How To Attack?

In order to qualify as evidence, social media or text messages must satisfy three criteria, under Florida law. This evidence must be: (1) authentic; (2) relevant; and (3) complete. If social media posts cannot be authenticated, or are incomplete or irrelevant, they will likely be held to be inadmissible. However, a competent defense attorney may be able to cast doubt on social media posts even if they are found to meet evidentiary standards.

One of the most common ways that a defense attorney can cast doubt on this type of evidence is by questioning admissibility or authentication. For example, social media posts on a public profile are admissible; social media posts obtained without the account holder’s permission, on a private profile, are not considered admissible. Another way that an attorney can create reasonable doubt is to request context on messages that are presented in court; it is all too easy to create a narrative if context is not present.

Call A West Palm Beach Domestic Violence Attorney

No one wants to be involved in a domestic violence case, but If you have been charged with this kind of offense, it is firmly in your best Interest to refrain from venting about it on social media. A West Palm Beach criminal defense attorney from Perlet & Shiner, P.A. can guide you through the legal process and protect your rights. Contact our office today at (561) 721-0552 to speak to an attorney.

Source:

uscourts.gov/about-federal-courts/educational-resources/educational-activities/fifth-amendment-activities/miranda-v-arizona/facts-and-case-summary-miranda-v-arizona