If you’re charged with DWI or another crime in Texas, content that you post online can significantly impact your case.
As an experienced DWI attorney, I can’t stress enough how posting certain things on your profile can lead to your downfall when fighting criminal charges.
Social media platforms like Facebook, Instagram, X, and TikTok serve as windows into your personal life. They give you the ability to capture and share your moments, thoughts, and interactions. However, when you’re charged with Driving While Intoxicated or other crimes, these platforms can become a surveillance tool for the prosecution.
Anything you post, share, or even like, can potentially be used against you in court.
If you or a family member stand charged with a crime in Galveston County, feel free to immediately contact The Law Offices of Tad Nelson & Associates to schedule your free consultation. Call us anytime at 409-904-0075.
Evidence Gathering
Prosecutors and law enforcement often turn to social media to gather evidence. They look for photos, videos, status updates, and even check-ins that might suggest irresponsible behavior or contradict your defense claims.
For instance, if you’re contesting the level of intoxication or the events leading up to your arrest, a photo of you partying or boasting about heavy drinking can undermine your credibility. This type of activity should be avoided. Don’t help the state convict you!
Privacy Settings Aren’t Foolproof
Many individuals believe that setting their profiles to private can shield them from scrutiny.
It’s not that simple.
In Texas, courts can issue subpoenas to access private social media content if it’s deemed relevant to the case. Friends or acquaintances on your social network might also inadvertently provide access to your private posts by sharing or tagging you in content.
Impact on Character Assessment
Your social media presence adds to the perception of your character. Posts that display aggressive behavior, substance abuse, or general recklessness can paint a negative image.
In a DWI case, the prosecution might use the content on your social profile to argue that you have a propensity for irresponsible behavior, thereby justifying the charges against you.
Legal Precedents
Texas courts have set numerous precedents regarding the admissibility of social media evidence. In State v. Franco, for example, the court allowed Facebook posts as evidence that contradicted the defendant’s testimony about their whereabouts and actions before the arrest. This case underscores the courts’ willingness to consider social media content as valid evidence.
Self-Incrimination Risks
Posting on social media during or after your arrest can lead to self-incrimination. Sharing details about the arrest, and the police officers involved, or even expressing regret over the incident can be used against you. The prosecution may argue that these posts reflect an admission of guilt or, at a bare minimum, an awareness of wrongdoing.
Handling Social Media Wisely
- Avoid Posting About the Incident: Refrain from discussing the arrest, your charges, or your defense strategy online.
- Review Past Posts: Go through your previous posts and remove or hide any content that might be damaging.
- Monitor Tags and Mentions: Ensure friends or followers don’t tag you in compromising photos or discussions.
- Limit New Content: Be cautious about posting new content that could be misinterpreted or used against you.
- Consult Your Attorney: Before making any social media decisions, consult your attorney for advice specific to your case.
As your defense attorney, it’s my job to protect your rights. Part of this involves reviewing any social media evidence presented by the prosecution.
We’ll look for inconsistencies, context, and potential violations of your privacy rights. If necessary, we can challenge the admissibility of such evidence based on its relevance, authenticity, or how it was obtained.
Your Constitutional Rights Matter!
The Fourth Amendment of the Constitution of the United States protects against unreasonable searches and seizures. This protection extends to your digital life. If law enforcement accessed your social media without a proper warrant or subpoena, we could argue that this constitutes an unlawful search, rendering the evidence inadmissible.
Want to Avoid a DWI Charge? There’s an App for That
Accused of Drunk Driving in Galveston?
Call Tad Nelson & Associates Today!
Whether you stand charged with DWI or another felony or misdemeanor criminal offense, seek legal representation from a qualified criminal defense lawyer as soon as possible.
At Tad Nelson & Associates, we take pride in defending people from all walks of life who are charged with all sorts of offenses. Whether you’re innocent or guilty, give us an opportunity to look at your case.
For more information or to schedule a consultation, call Tad Nelson & Associates at 409-904-0075. We’re here to help you navigate these challenging times with the professionalism and dedication you deserve.
Attorney Tad Nelson is Board Certified® in Criminal Law by the Texas Board of Legal Specialization.
