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Text Messages and Facebook Posts Becoming More Common in Massachusetts Criminal Prosecutions

In Broward County Florida a criminal charge issued in large part due to texting between defendants and Facebook posts that detailed their plan. The text messages discussed what to do with the victim’s body. The Facebook posts were more detailed and accompanied by photos and entries that offered law enforcement a nice timeline of the defendants’ activities. If this was not enough one of the defendants told a friend how he strangled the victim and where he left her body. This admission continued with complaints about how bad the decomposing body smelled followed by texts to the co-defendant repeating this concern. The defendant then went to visit with a drug counselor where he once again confessed to having killed a named and missing woman. The drug counselor contacted the police. The police responded and gave the man his Miranda warnings. He then spoke to the police and provided them with a statement.

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Getting Confessions Suppressed in Massachusetts

Any Massachusetts Criminal Defense Lawyer will tell you what I have repeated countless times to prospective clients, existing clients and through this blog. Nothing good can ever happen when you talk to the police. Nothing good can happen when you text about having committed crimes. Nothing good can happen when you post details of your criminal activities on Facebook. I cannot find any crime statistics in Massachusetts or other parts of the country that identify how many indictments or complaints would not have issued had the accused not opened his or her mouth. I am confident that the number is much more than one half. Another statistic that I am interested in is how many criminal convictions are directly attributed to the accused opening his mouth, or taking out a pen or entering text into some sort of electronic device. That number must be staggering. In my practice alone I see way too many people who have talked, texted or posted prior to calling me for advice.

So how do Massachusetts Criminal Lawyers handle this issue. Well, filing a Motion to Suppress is always prudent. If the police took the statement without following proper constitutional requirements the case may be dismissed. Similarly, at times text messages or Facebook posts can only be properly accessed through Search Warrants and a failure to get one validly issued can be fatal to the district attorney’s case. Where the post or text is published in a public forum suppression is not that easy and the accused may have to resolve his case without a trial to get the best result. Social media and electronic communications make prosecuting much easier these days. That is why it is necessary for the accused to Hire an Experienced Criminal Defense Lawyer.


The Law Offices of Stephen Neyman has the experience that you need to defend your case. Our results are unparalleled. Call us now at 617-263-6800. You can email us as well. By calling our office and hiring Attorney Stephen Neyman you are making the first decision necessary to win your case.