Chris L Shirt

Post a Social Media Message-Go To Jail??


I am sure that line got your attention!  Good!  At ATR, we have been advising clients for years that what you communicate can have consequences.  To get that point across succinctly, I tell clients not to text, e mail, or post anything they would not be comfortable reading out loud in open court, to a judge.  I have heard other attorneys tell their clients that they should be comfortable reading any of their communications to their children.  The point is, our private thoughts and opinions can and often do have negative consequences.  We all have strong emotions about our personal lives and those we have relationships with and that is natural.  A recent Maine Law Court opinion (State v. Heffron) however made it clear that some communication, even a post on your own Facebook page, can be legally interpreted as "contact" and in the context of a Protection From Abuse Order, "contact" can result in arrest, detention, and perhaps conviction.

Social media is as much a part of our everyday lives as our emotions are but mixing the two without being aware of the consequences can literally land you in jail.  There are appropriate outlets for the natural, strong emotions that arise out of the relationship dynamics we all face.  Now more than ever, people need to think before they "speak" or their freedom may be in jeopardy.  Our criminal team can help you navigate the social media landscape after the Heffron decision, and by all means, edit what you post, e mail, or text in the midst of difficult times. 

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