As a former Prosecutor I have first hand experience that the easiest defendants to prosecute are the ones that talk to police and provide a confession. As a criminal defense attorney my job is to make sure that my clients reveal no information to the police and the prosecution to avoid incriminating themselves for trial. However, with the increasing popularity of social networking sites such as Facebook, MySpace and Twitter, this job has been made significantly more difficult. I have seen many cases in the media and in courthouses around the Philly metro area where facebook and myspace posts have led to arrests and convictions.
Recent criminal proceedings in and around Philadelphia serve as an example of how social networking can affect even DUI defenses. Joseph Genovese Jr. recently received national attention after he ran over two St. Louis Cardinals fans outside of Citizen's Bank Ball Park in Philadelphia, killing one and seriously injuring another.
It was determined that Genovese was severely intoxicated at the time of the accident. Genovese pleaded guilty but was sentenced to over twice the mandatory minimum (7-14 years in prison) because of posts that he put on MySpace.com touting his love for marijuana use, drunk driving and racing his car on the streets of South Philadelphia. Genovese also posted his mug shot as his profile picture on the website.
In another case in Philadelphia a woman was recently sentenced to 3½ to 7 years in prison for an accident while driving under the influence of alcohol that resulted in the death of another 24-year-old woman in 2005. During the sentencing portion of the trial the Prosecution displayed the defendant's lack of remorse by pointing to Facebook.com posts referring to her continued heavy drinking and pictures that displayed her continuing alcohol abuse.
While the technological advancements in communication and social networking are clearly advantageous in many aspects of life, for a criminal defendant they can mean the difference between a verdict of guilty or NOT guilty and worse, the difference in years spent behind bars. My law office consistently advises our clients to never talk to anyone about their pending criminal case. We also advise clients to limit their exposure on Internet and social networking sites.
If you have a pending DUI in Pennsylvania contact Pennsylvania DUI attorney, Jason R. Antoine to find out how you can minimize your chances of conviction.
