While I try to keep you abreast of the latest happenings in the criminal law world and why those might matter for you, sometimes we need to go to the basics. One such basic, as any Denver criminal defense lawyer will tell you, is your right against self incrimination. This is a pretty damn useful right, considering you can use it to avoid making statements that might harm you, and force the prosecution to prove its case against you. One problem here is that not everybody understands what could incriminate them.
Many people seem to think something posted on Facebook is private. It's not. We should all know that by now. And while it would be a violation of ethics to "friend" someone under false pretenses to gather information, there are a number of ways that information can get to your not so friends in the District Attorney's office. First, if you are posting incriminating information on Facebook, you are probably not so conscientious about your privacy settings. That means feed updates could show up on a Google search. Not every prosecutor or police officer will Google your name as part of the investigation, but they probably should.
Second, if anybody that is privy to your newsfeed is a witness in the case, they'd have to testify about that stuff or face contempt. This would generally be considered hearsay, but since it's an admission of the defendant, it would definitely be allowed in. And again, it's not the witness's (your "friend's") right against self-incrimination. That's your right, and you've waived it by admitting something willingly. This isn't supposed to be something groundbreaking. Just a friendly reminder from a Denver criminal defense lawyer to make sure you aren't screwing up your own case. If you've been charged or are being investigated for a crime, it's already hard enough with the police and the prosecutors on your back. You don't need to be your own worst enemy.
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