Attorney James E. Novak will talk to you about discussing DUIs on social media accounts during your case consultation at his Phoenix, AZ, law practice. Social media posts and timelines can be used as evidence to convict you of your charges. Prior to making any decisions or speaking about your case, you should first consult with an experienced DUI attorney. While the police and prosecution can use information available on your social media accounts as evidence against you, your defense attorney may also be able to utilize this information in your favor. Social media has become a large part of our lives, and it can be a deciding factor in a case. If you have been accused of a DUI, contact The Law Office of James Novak today for information on how to proceed with your social media accounts.
Most police forces currently use social media as a tool in DUI and criminal investigations. They will frequently create fake Facebook accounts and send their suspect or the suspect’s friends a request in an effort to gather potentially incriminating evidence. In a DUI case, they may view photos you have posted or have been tagged in, and places you may have been on the day in question to create a timeline to show that you had been drinking or using drugs before you drove.
The laws regarding social media and your privacy are still developing and changing. If you have hundreds of friends or followers on social media, the prosecution may argue that although your posts were not technically public, it is unlikely that you personally know each of your friends or followers, and thus, the content should be considered public.
While the police and prosecution can use information available on your social media accounts as evidence against you, your defense attorney may also be able to utilize this information in your favor.
The prosecution, along with the police, will view social media posts from the day in question to attempt to build a timeline and prove that you had been drinking or using drugs. They may also look at your past photos, videos, and other posts in an attempt to prove that you have a history of drinking and potentially drinking and driving, or drug use.
If you are accused of a DUI, Attorney James E. Novak strongly advises that you do not discuss your case on any platform, including Facebook, Twitter, YouTube, and email. Anything you post has the potential to be found by investigators and used against you in your case. While it may not be necessary to deactivate or completely delete your accounts, we may advise you to un-tag yourself from photos, check-ins, and remove certain posts that could potentially incriminate you. You should also ask that your friends and family refrain from discussing your case or your behaviors.
In certain instances, social media can work in your favor. If there is evidence available from the day in question that tells a different story or timeline from the one the prosecution attempts to create, this information may be used as part of your defense. If there is any evidence available online that you think may help your case, it is important to show it to your attorney as soon as possible.
Social media can be a deciding factor in many DUI cases, and it is typically not in the favor of the accused. Working with an experienced attorney who is knowledgeable about technology, social media, and your privacy rights can help in having the charges against you reduced or even dismissed. If you have been accused of a DUI, contact The Law Office of James Novak today for a case evaluation.