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Avoid Facebook While Your South Dakota Criminal Case Is Pending

Drew Duncan
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Partner at Zimmer, Duncan and Cole, LLP

Blog Category:
4/9/2014
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You already know that you should be careful about what you say in court, during formal or informal questioning, or when speaking with police, but did you know that you should be just as careful about what you say on Facebook after you’ve been arrested and charged with a crime? Here are just a few reasons why it might make sense to avoid Facebook entirely while your criminal case unfolds:

  • Any details related to your case could be used against you in court. Almost everyone knows how to use social media these days, and you shouldn’t assume that police or involved parties won’t see what you post to social media sites. If you post any detailed information about your criminal case on Facebook, you should expect it to come back up in court later.
     
  • Even seemingly unrelated posts could negatively affect your case. Even if your posts aren’t directly related to your case, your words or online photographs could still be used to flesh out the case against you. If you have any question about whether or not you should make a post, keep in mind that it’s better to be safe than sorry.
     
  • Be careful even in private posts, comments, or messages. Once you’ve put something online, you can’t take it back. Privacy settings aren’t always reliable, and even private or limited-audience messages can be seen by unintended audiences. To err on the side of caution, assume that anything you post online could potentially be seen by anyone.
     

Our legal team can act as educators and allies on your side as you navigate the complicated criminal defense process. For more information about the criminal process and your rights in South Dakota, call our offices directly or use the confidential contact form on this page to set up a convenient time to talk in more detail.



Category: Criminal Defense

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