Probably the first thing any defense lawyer will tell you is that you should never talk about your case with anyone except your attorney. Police have questions? The only thing you should tell them is that you want a lawyer. Nosy neighbors want to know what's going on at your house? Tell them you can't talk about it. DHS caseworkers want to ask you a few things? Refer them to your attorney. Don't talk to anyone about your case--not your boss, not your co-workers, not your fellow church members, and not your BFF since third grade. A Miranda warning isn't just a threat: anything you say can and will be used against you, and your friends and family in whom you confided can be subpoenaed to testify against you.
It should go without saying that if you shouldn't incriminate yourself by talking about your case, you definitely shouldn't publicly post information about your case or your criminal activity on Facebook. Unfortunately, many people fail to realize that the information they share on social media goes far beyond their innermost circles. A survey of local, state, and federal law enforcement officers showed that 80 percent of respondents used Facebook and other social media platforms to gain evidence of a crime.
Some cases are obvious--including those in which suspects post pictures of dead bodies online:
Of course, posing with a body isn't the only way to get yourself in trouble. Most of the time, Facebook evidence seems more innocuous. Images of underage drinking, inappropriate comments to a minor, flashing gang signs, making threats, and posing with guns or cash can all provide evidence in a criminal case.
Lawyers.com news reporter Keith Ecker advises that often, what you post on Facebook before the opening of your case can be just as important as what you say after. In his article, "How Facebook Could Ruin Your Case," he writes:
Your activities--even if they are not illegal--can be construed in such a way as to provide evidence ofyour character or your propensity to commit a certain act. If you are charged with DUI, Facebook or Instagram pictures of you lining up shots, doing a keg stand, or shotgunning a beer are not going to help you impress a judge or jury as a fine, upstanding citizen. Comments about how much you hate your family and how much you love to shop aren't going to cast you in a positive light if you are later accused of murdering them out of greed, as University of Oklahoma student Alan Hruby is accused of doing.
Before you post to Facebook, think about the possible ramifications it could have on any aspect of your life. If you are already accused of a crime, it may be too late to delete your comments, but you can keep from making things worse by keeping your mouth shut and keeping your fingers off the keyboard. Your right to silence applies to both face-to-face and online interactions.