In our modern information friendly society, client's can find themselves convicted based upon their own postings on "myspace" and "facebook". This does not have to be a confession to a criminal offense. The Indiana Supreme Court determined earlier this year, that information posted on Social Networking sites such as "myspace" may be admissible where the defendant opens the door to questioning on that evidence. They held that the door may be opened when the trier of fact has been left with a false or misleading impression of the facts. Clark v. State. 915 N.E.2d 126 (Ind., 2009).
The statements of all witnesses are subject to impeachment by prior inconsistent statements. Posting online is publishing information that could readily be accessible to contradict your witnesses' statements. So be aware, once it is published, often there is no taking the information back.
