Lawyers and Judges are struggling with the explosion of social media in the courtroom. Recently , a Virginia judge sanctioned a lawyer over $500,000.00 for advising a client to delete a facebook account in a civil case. Most states have a theory of law in civil cases called spoliation of the evidence. Basically , one side is punished if it is discovered they destroyed evidence in a civil case.
How does that apply in a Tennessee criminal case ? Tennessee does not have any brightline tests for deleting a facebook page. However , Tennessee does have a Tampering with Evidence law. It usually deals with someone who tries to throw away the drugs or destroy the object of the crime. I am unaware of any Tennessee cases that have dealt with a destruction of a facebook page.
Facing a criminal charge and you have a facebook page. First , change the privacy settings . Second , contact your attorney about what you should do before you take any action . There is one guiding rule of what you should or should not post on facebook. Would you want your mother or grandmother seeing the post or the picture.