Social Media and Facebook Warnings

DISTRICT ATTORNEYS USE FACEBOOK TO GATHER EVIDENCE AGAINST ACCUSED DWI DEFENDANTS

The Nassau District Attorney’s Office, as well as District Attorneys Office across the state and country,  are searching Social Media Web pages like Facebook, MySpace, among others Social Media Websites to gather information against people arrested for DWI and other crimes to use in the prosecution of those accused of a crime.  Many times this will include downloading pictures of suspects and their friends, and potential witnesses depicting these individuals drinking alcohol or engaging in some other behavior  which may be deemed inappropriate or embarrassing with the purpose of  using it  to cross examine the defendant  and his witnesses.   Although the Prosecutors are not permitted to contact or communicate with Persons that are represented by the a lawyer,  allegations have been leveled at various District Attorneys Offices of the practice  of “friending” those individuals they are prosecuting under assumed names, to gather private and restrict information. There is no prohibition from doing so to potential defenses witnesses however.   

In view of the potential damaging information that can be gathered by from a persons page a good DWI lawyer will advise his client immediately upon speaking to them that they must do the following:

• Close down all Social Media Sites Immediately or restrict all information on Websites including pictures.
• Do not accept friend requests from Unknowns
• Contact all Potential Defense Witness to Restrict their Social Media Sites and beware of accepting friend requests from unknowns
• Contact all Friends to Make sure they Delete any unflattering Pictures of the Defendant from their websites,  and refrain from tagging photos of this nature in the future
• Do not discuss Case or Details on internet, text messaging or emails

Remember the general rule is that the Less information the Police or Prosecutors know about you or your witnesses the best.