Etched in Cyber-stone: Communication in the Digital Age

On June 24, 2011, the Leaf Chronicle reported that three women had been arrested after falsely reporting domestic abuse. One of the men falsely accused of domestic assault was my client. We had always maintained his innocence. So when we were finally able to produce text messages from his accuser admitting that she had lied to police, the arresting officer and the prosecuting attorney were furious. They immediately dismissed the charge against my client and took a warrant for his accuser’s arrest. For my client, it was like waking up from a bad dream. For his accuser, the reality of her choices will become more apparent as she faces angry members of law enforcement in court.

In this modern world, our communications are more permanent than ever. Many a litigant has been surprised on the witness stand or in depositions when presented with their own text messages, e-mails, or entries on social media websites. I have found that all advances in technology have some trade-off. While we all enjoy the convenience of modern communication, are words no longer disappear at the other end of the telephone line. Many times, they etched in cyber-stone waiting to be recalled long after our spoken words and feelings have subsided.

If you are a litigant or the criminally accused, do not discuss these matters in writing, whether in text, e-mail, Facebook, MySpace, Linkedin, etc. However, if you are aware of similar writings that will aid in your case, be sure and make your attorney aware of them. You may be surprised at the results.