Facebook Posts Can Land You in Jail

Posted by on October 26, 2015 in Criminal Law, Family Law, General Law, Parenting Rights & Custody, Restraining Orders, Uncategorized

This year the New Hampshire Supreme Court upheld a conviction of a man for stalking, criminal threatening and witness tampering based on his Facebook posts. In the case of State of New Hampshire v. Brian Craig (https://www.courts.state.nh.us/supreme/opinions/2015/2015011craig.pdf ), Mr. Craig was found guilty of these charges after a series of posts directed at one specific victim.  The victim worked as a bartender and waitress at a restaurant that Mr. Craig and his friends frequented.  Mr. Craig tried to have a relationship with the victim which she declined.  He began writing letters to her and the victim found the letters threatening and intimidating.  The victim contacted the police and the police served Mr. Craig with a stalking warning letter.  After receiving warning letter, Mr. Craig sent another written letter to the victim.  The victim then obtained a domestic violence protective order.  After receiving the restraining order informing him he was to have no contact with the victim, Mr. Craig began posting a series of comments on his public Facebook page.  The victim had not friended Mr. Craig but found his posts through a Facebook search because the comments were public.  After reading the posts, the victim called the police.  Mr. Craig was arrested for the criminal charges including violations of the restraining order. Mr. Craig defend himself by saying that he had not named the victim specifically by her name in his posts and did not send her the messages directly – the comments were merely posted on his public profile page.  However, the Court found that Mr. Craig had specifically told the victim he had put comments on his Facebook page.  When he did this, he was directing the communications to her.  Mr. Craig had no other logical reason to make the posts on his Facebook page.  The Court found that Mr. Craig was specifically trying to communicate his comments to the victim.  The Court found that the comments were meaningless to anyone else except the victim and the intent was to stalk and threaten the victim. When posting to Facebook, be aware that public comments can make a personal legally responsible for the comments made.  It is best to vent any negative comments to your friends and in your private off-line diary and not on Facebook or any other social...

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“Spying” on your spouse: Privacy & Consequences

Posted by on November 21, 2014 in Criminal Law, Divorce, Family Law, General Law

Divorce and separation can be a difficult process for spouses to endure, particularly given that it uniquely requires true bravery, but also restraint.  In cases where a spouse suspects infidelity, addiction or other dishonesties, it is not uncommon they feel they want or need to get proof of their spouse’s wrongdoing.  All potential clients should heed this warning: the truth may not outweigh the risks, especially when those risks include possible state and federal criminal charges. When considering recording telephone calls, attaching a GPS monitoring device to a vehicle, or perusing another’s email inbox, it should be stressed that even if a spouse is able to “catch” the other person in their wrongdoing, the evidence of that wrong doing may not be admissible in court if it was obtained illegally.  In general, in order to record telephone or in-person conversations, there must be consent.  Under federal wiretapping laws, at least one party to the conversation must consent.  This one party can include you, the person recording.  But, this State has gone one step further, and require “two-party consent” under our wiretapping laws.  This means that all parties must consent to the recording of the conversation.  There are some intricate caveats and nuances, but generally speaking, to discretely record a telephone conversation of other parties without their knowledge and consent will likely not be admissible in court to prove the very thing you are attempting to prove.  Furthermore, by violating these privacy and wiretapping laws you could face criminal prosecution and expose you to a civil lawsuit for damages. Lastly, even if a spouse is successful on proving adultery, the family courts in New Hampshire are unlikely to deviate so far from an equal split in assets/debts that would make the trouble of potential criminal prosecution, worthwhile in the long run.  Reference the wiretapping and privacy laws applicable to you, for more specific information on the...

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