Arrested for a Lubbock DWI? Stop posting on facebook and myspace
These days many of us have social media accounts. We use facebook or myspace to communicate with old classmates and new business relationships. We post pictures of our children for grandparents to see and enjoy.
There is nothing wrong with using facebook or other social media sites. However, if you are arrested for a crime, any crime but especially a driving while intoxicated charge in Lubbock or west Texas, PLEASE do not post information about the arrest on your account. It is very possible that the district attorney who will be working your case will also be reviewing your facebook account. Think I'm joking, recently a posting on a myspace account helped convict a person of murder.
“I was reckless. I was irresponsible. I was an a***hole . . .but I’m not an intentional killer. . . .There’s no attempt to hide the crime. I didn’t clean up anything. I didn’t change clothes.”
In other words, Clark asserted that he had only a reckless, not criminal, state of mind, according to the opinion. The court held that it was proper to permit the prosecution to confront Clark with his own seemingly prideful declarations that rebutted his defense. “Clark’s MySpace declarations shared much with his boast to the police after he killed Samantha: `It’s only a C Felony. I can beat this.’”
Bottom line is if you have your charged with a DWI take a look at your facebook account and make sure your not posting any type of pictures or entries that talk about your guilt or any post arrest drinking. Imagine some day if your at trial and your defense is you have learned your lesson, think the DA would like to show that you are still drinking after being arrested for DWI? You bet they would.
Facebook is the easiest way to screw up a good defense. I read an article last year about a kid who was convicted of manslaughter (DUI) and was out on bond awaiting sentencing. Kid posted pictures of him slamming beers at a party and posted it on his FB account. Prosecutor saw it and introduced it as evidence of his lack of remorse at the sentencing hearing. The judge dropped the hammer on him. ALWAYS keep the info to yourself. The only person you should share your thoughts with is your lawyer.
I would go a step further and tell all clients to delete all pictures that show them with or near alcohol. Keep up the good work.