By: Adam L. Bantner, II
Board Certified Criminal Trial Law Attorney
It should go without saying, but you can do your criminal defense attorney a huge “solid” by not posted evidence of a crime on your Facebook or other social media account. While it didn’t directly address social media posts, an opinion from the Third District Court of Appeal in Florida reveals how posts can be used against a criminal defendant.
Facebook Post Links Firearm to Defendant
In Barnes v. State, 44 Fla. L. Weekly D2283a (Fla. 3d DCA 2019), Barnes was convicted by a jury of three counts of attempted first-degree murder. The evidence against Barnes consisted of eyewitness testimony from each of the victims that Barnes was the person who shot them. Each of them also testified that the weapon used was a black, semi-automatic handgun with an extended clip. A similar weapon, and perhaps the same weapon, was recovered from another person, George Avila.
Without more, the weapon is likely not admissible in trial because there is nothing to link Barnes to the firearm. However, this is where Facebook comes into play.
The State, after having obtained a warrant to search his Facebook account, found pictures of Barnes with a similar weapon tucked into his pants. The State was also able to prove that the picture was posted relatively close in time to the alleged crimes. As such, the State now possessed evidence that Barnes possessed a similar, if not the same, firearm as the one used in the crime close in time to the alleged crime. That coupled with the eyewitness testimony was more than enough to convict Barnes.
Other Examples of Foolish Posts
Posting location and work schedule when you have a warrant out for arrest.
Siphoning gasoline from a police vehicle and sharing said crime on Facebook.
Any my personal favorites, don’t “Like” the police department’s Facebook page if you are fleeing from said law enforcement agency.
Call Us For Your Free Consultation
While we hope that neither you nor a loved one is on the wrong side of the law from an ill-fated social media post, if you are, give us a call at 813.397.3965 for your free consultation with an expert criminal defense lawyer. We serve all of Hillsborough County and will travel to Polk, Pasco, Manatee, and Pinellas counties as well.