Today, social media is a huge part of most people’s day-to-day lives. However, you may not be aware of the implications that your actions and posts on popular social media platforms can have, especially if you are facing criminal charges.
At the Law Offices of Steven J. Pisani, we want to ensure that you protect your rights and minimize the possibility of making your criminal charge situation worse. Keep reading to learn more.
After you are arrested, your emotions may be running high. It is easy to be caught up in the fear, frustration, and anger of the situation. However, sharing information about your arrest through social media can complicate your circumstances significantly.
For those who are facing criminal charges, if you post to social media, it may actually help the prosecution’s investigation of the crimes you were accused of. If you are arrested, there are a few do’s and don’ts to keep in mind after an arrest. These include:
You should never share the details about your arrest or the charges you face. Remember that this includes information regarding the arrest and anyone else involved. This includes other people who were arrested, witnesses, victims, police officers, and more.
This rule includes any type of content, including check-ins, shares, comments, photos, likes, location, tweets, and blog posts. It is best to stop posting completely during the pending criminal charges.
You should not delete past content on your social media accounts to try to bury potential evidence. It can be unearthed very easily. Also, if you delete content, it may be seen as a red flag or admission of guilt and result in an additional investigation.
Even if you have changed your privacy settings, the information that is shared with your friends, subscribers, and other communities on social media isn’t really private. Additionally, if a cooperating witness is part of your social network, they will have the ability to share the information you post with law enforcement and face no consequences.
After an arrest, it is best to avoid using social media. This will help you protect your rights and avoid more serious issues.
According to the Constitution of the United States Fourth Amendment, you have the right to privacy. This is called the expectation of privacy and is essential when distinguishing between what is a lawful search by the police and one that is not.
Some people assume that anything they post on social media will have these protections – especially if they have activated the privacy settings. What you should understand is that this is not the case.
Most government agencies, including law enforcement, will use different tools to gather evidence stored online. It is also no big secret that they will monitor these platforms to see if they can find potentially incriminating evidence.
According to a recent transparency report from Google, the total government requests for user information by way of subpoenas, search warrants, and other types of court orders have grown significantly in recent years. The United States makes up about 40% of all requests.
With that in mind, what is available through social media doesn’t require a court order or subpoena to access. The truth is that most evidence is gathered retroactively, which may damage your defense for the criminal charge.
If you face criminal charges in Colorado, you need to protect your rights by reducing what you are posting on social media, if not eliminating it completely during your active case. This is the best way to protect your rights and avoid posting something that may be used against you by the defense.
If you aren’t sure about social media and what you can and can’t post, reach out to our legal team. We can review your rights and help ensure you don’t post something that may impact your case.
Are you facing criminal charges? Are you worried about your rights and the information that has been posted on social media? Do you wonder if you can post on social media without harming your case?
If you answered “yes” to one or any of these questions, contact us today. At the Law Offices of Steven J. Pisani, we are here to help you and ensure that your rights are protected. Let us build a defense that will help you with your charges and ensure you don’t make the situation worse.
Being arrested for DUI (driving under the influence) can cause a lot of stress. Unfortunately, if you find yourself in this situation, you may not know what to do or your options.
One of the best things to do in these cases is to get in touch with our team of experienced DUI attorneys at the Law Offices of Steven J. Pisani. We can help you decide how to move forward with your case while providing advice and guidance.
While each case is unique, there are some situations where the prosecution may offer you a plea deal. It can be tempting to avoid going to trial for the case; however, before agreeing to anything, it’s best to have the agreement reviewed by your DUI attorney.
The criminal justice system in Denver (and the entire state of Colorado) is burdened by all types of cases. Many criminal cases last for months or even years. Because of this, many prosecutors try to offer plea deals for some people to help save time.
There are benefits to this. For example, both you (the defendant) and the prosecution have more control over what happens and how the case is resolved. If you happen to go to trial, the outcome is unpredictable since the final decision is put in the hands of a jury.
The plea deal you receive is dependent on the circumstances of your case. However, some of the terms that you may see in a plea deal for a DUI charge include:
With this type of plea agreement, you are typically required to plead guilty to the charge, which means you are accepting it, or plead no contest, which means you aren’t contesting the charge against you. If you agree to this, then your sentence is reduced. The reduction amount depends on the specifics of your case.
For reduced charges, the plea deal will include dropping the original charge of DUI against you. However, you must plead guilty to a reduced charge. Usually, this will be reckless driving that involves alcohol. Usually, this deal is called a “wet reckless plea deal.”
In some situations, you may be facing multiple charges, along with DUI. In this case, the prosecution may present a plea deal where you must plead guilty to one or several of the other charges you face while having the other charges dismissed or dropped.
If you are offered a plea deal, there’s no obligation to accept it. This is true for DUI charges or any other criminal charges you face. There are no circumstances where the prosecution can try to coerce, threaten, or persuade you into accepting the deal, either.
Also, remember that the plea deal you are offered is a compromise. Because of this, your attorney may be able to go to the prosecution and negotiate with them to help you receive an even better deal than what is offered at first.
When discussing a plea agreement, be sure you don’t say anything to the prosecution that may be seen as an admission of guilt. What you say during the negotiation of a plea deal can (and will) be used against you if your case happens to go to trial. This is one of the most important reasons to let your DUI attorney handle negotiations for you.
Avoid telling the prosecution anything about the defense strategy that you have created. They may try to convince you to reveal something by making promises of a great offer; however, you should never let them know how your attorney will defend against the prosecution’s case.
Generally, it is best to leave all the negotiations and discussions to your attorney.
There’s no way to know if accepting a plea deal for your DUI charge is good. That’s because each case is unique.
Our experienced attorneys can review the charges you are facing, search for any loopholes or weaknesses in the case against you and determine if it may be possible to have the DUI charge dismissed or even have your case acquitted.
If we believe we can fight successfully against the prosecution’s case, then it may be smart to turn down the plea agreement. However, if the prosecution has the needed evidence to secure a conviction, negotiating the plea agreement is smart.
If you face a DUI charge in Denver, reach out to us today. Our team is ready and able to help you with your tu and provide you with knowledgeable advice and guidance along the way.