Can My Social Media Harm My Domestic Violence Defense?

It is all too common nowadays for a person who has been involved in a domestic dispute to vent about it on social media. Very often, that is the end of it – but if this happens in a moment where someone has been charged with an actual crime of domestic violence, that moment of venting may be considered evidence at trial. Social media is never as private as anyone thinks – but an attorney can help you determine your options if this happens to you.

Public Good Over Privacy

The question of privacy in social media has been a hot-button issue in Florida in recent years, particularly in the light of laws debated and passed that discuss allowing a “backdoor” for authorities to access the messages of minors. While the “Social Media Use By Minors” bill has, as of this writing, been withdrawn from consideration, the state still has a vested interest in regulating privacy as a whole.

 In general, social media companies are required to provide messages, location tracking and other relevant information in the event of a subpoena. The rationale is that if someone has been charged with domestic violence, their privacy rights are temporarily trumped by Florida’s commitment to public safety, because social media can often help to pinpoint a motive or future plans regarding this type of crime.

Be Cautious From The Beginning

Given the broad discretion that prosecutors have to analyze social media once a subpoena has been issued, it can feel as though any attempt to protect one’s privacy can seem like evidence of guilt. In reality, it is possible to protect privacy in the moment. If you have been charged with a crime of domestic violence, it is crucial to lock down your profiles where possible.

Ideally, a person should exercise caution in posting on social media to begin with – even under privacy controls, posts are accessible by law enforcement, and if your accounts are not private, there is no expectation of privacy whatsoever from anyone. That said, it is crucial to not delete any of your posts if you have said something untoward – doing so only makes a person look as though they are trying to conceal evidence from law enforcement.

Call A West Palm Beach Domestic Violence Attorney

If you have been charged with a crime of domestic violence, it is crucial not to panic. A West Palm Beach criminal defense attorney from the firm of Perlet & Shiner, P.A. can help you determine what your options are, and offer advice on how to handle your social media without accidentally concealing evidence. Contact our office today to speak to an attorney.

Source:

flsenate.gov/Session/Bill/2025/868