Thursday, March 11, 2010

Internet Incrimination - Telling on Yourself

What's with the need to post information and images on social networking sites that at the least prove embarrassing and at worst expose you to criminal prosecution?!

I recently defended a case where the client, a convicted felon, posted a picture on My Space that appeared to show him displaying an automatic firearm. If true, that's a three year minimum mandatory prison offense. While the picture alone may not suffice to convict, police follow up to obtain an incriminating statement could seal the deal. ("I just posed with it".) Likewise that party picture with a drink? Whoops, you're underage. Going on about an inappropriate exploit? Why? Political rants that could be construed as a specific threat? Again, why? Stow the ego.

"Sexting"? Are you crazy? We're talking about serious L&L charges or worse when you send images with sexual content, especially if you created them and they go to someone underage or are of someone underage.

On probation and sending posts that look like you're not where you should be? Probation officers also check out these sites.

You can compromise yourself in other areas such as family law. I defended a young man in a domestic violence injunction case where his volatile girlfriend posted all kinds of inflammatory comments on her page revealing emotional instability as well as bad motive in filing for the injunction to seek revenge rather than as a legitimate need for court protection. That also didn't play well for her as these two moved on to resolve child custody issues. One judge told me of a father who essentially used his young son as "bait" in postings to get dates during a divorce. How do you think that worked out when it came time to determine child visitation?

What about insurance companies checking up on "injured" claimants? Think again before posting pictures and bragging about just returning from your exotic ecotourism trip or even frolicking with your pet. Postings can come back to haunt you during employment searches too. More and more, background checks include social networking sites. Think twice before bad mouthing your boss, posing as a slacker or just acting politically incorrect on-line. The list of dangers goes on and on.

And a special word of caution for kids. Never post full personal ID, (no year of birth), schedule, locations (school, extracurricular activities, parties, general whereabouts, etc.) or that you're someplace alone. Duh! That invites the worst kind of trouble.

Most of these sites virtually are public. Find someplace else to vent, boast or act the fool and watch who you "friend" as well as what you post.