Blog Post

Social Media Will Kill Your Case

Jun 02, 2013

Social Media Will Kill Your Case:

I am often dumbfounded when I see the types of things people post on their Instagram, Facebook and Twitter. Unfortunately, it is becoming a trend for people to disclose any and all information about their daily lives. I am also guilty of posting frustrations on my social media. However, I never disclose personal information about a case, person or situation because it's just plain stupid.


There was a case where the defendant had possible defenses. However, the star witness had a social media page and took it upon herself to post demeaning comments about a victim.

Character for Truth

Any person who has knowledge relevant to a case can be a witness. That being said, Attorneys can use any method to impeach a witness. Impeaching a witness means that an attorney can prove the witness is not completely honest. While it is true that people can be honest about one thing and dishonest about another, your character for truth is one of the most important factors in a trial - and it should be the same in life. Reputation can take you a long way....

Setting the Scene

If a person is biased, they might be more likely to lie for a person. For example, let's say that Star Witness has a personal vendetta against Victim in the example case above. The jury doesn't know why, the attorneys might not know why and the judge may not even know why. But, I'll give you a scenario.


Vendetta was dating a person named Third Party. Third Party and Vendetta were in love, or so she thought. One day, Star Witness caught Victim and Third Party kissing at a party. Star Witness told Vendetta, which lead to a break up.


Flash forward three months later. Defendant was at a coffee shop on day drinking her coffee one morning. On the walk to school that morning, Defendant was suddenly confronted by police. Victim burst into tears and claimed Defendant was the person that destroyed her car, and rose garden. Victim told the police she saw Defendant key her car and was SURE that Defendant keyed her car.


There is video surveillance showing Defendant sitting at the coffee shop during the time the car was allegedly keyed. In fact, the person that keyed Victims car is Star Witnesses' friend, Vendetta.


Victim had heard glass breaking the morning of the incident. She watched as a person in a hooded sweatshirt, with pink highlights, bashed Victim's car with a bat. Windows were broken, her purse that was in the back seat was stolen and the car had been keyed. As she ran down the stairs, she managed to see the person destroying her rose garden as that person jumped in the car.

The Lurking Social Media

Star Witness was a witness for Defendant's case. Star Witness and Defendant are roommates. She was going to testify that she had seen another girl named Vendetta key Victim's car. Vendetta and Star Witness were driving by Victim's house, when Vendetta decided to key Victim's car. Star Witness stopped her car, and Vendetta proceeded to key Victims car.


Defendant was arrested for keying Victim's car, and vandalizing it. Defendant had pink highlights - very similar to Vendetta's pink highlights. Star Witness started posting on her Twitter account, "Victim is a lying bitch. She's falsely accusing my roommate of destroying her car. Victim totally deserves it. She's an idiot." Etc. Etc. Etc. You catch my drift.

On The Stand

What do you think happened at the trial when Star Witness was put on the stand? It was supposed to be a simple, "I know Defendant didn't do it."


The District Attorney pops over a stack of screen shots. It happens to be Star Witness' Twitter page wherein all these terrible remarks about Witness are found.


So, now.... who's going to believe Star Witness? Even though Vendetta was the person who destroyed Victim's car... Star Witness' reputation was demolished by her posts.


After the information was brought out, no one believed Star Witness. It's a travesty in our system of "Justice," but Defendant was blamed for destroying victim's car.

Moral?

Be a ghost and don't post! What I'm saying is that you need to keep your social presence invisible. Everyone has frustrations and funny comments... but if you know there's a trial - don't post!


On that note, don't post pictures of yourself doing drugs and other illegal things. At that point, it's asking to be caught.

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