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TexCrimLawyer, J.D.
TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 3815
Experience:  Experienced in state and federal criminal litigation.
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So, if someone is facing felony hit and run and DWI charges

Resolved Question:

So, if someone is facing felony hit and run and DWI charges in Texas and I make a FB page about them to notify the public of their history could that page be used by the defense in any way to effect the outcome of the proceedings?

For example, could they try and get a jury trial and then say they need a change of venue or anything of that nature.

For the record, the page is entirely factual...except for conjecture that is based on facts...and none of the informtion was obtained in an untoward manner.

I don't want the existence of the page to hurt the chance of a conviction.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  TexCrimLawyer, J.D. replied 2 years ago.

TexCrimLawyer, J.D. :

They can only get a change of venue if the FB page substantially affects the jury.

TexCrimLawyer, J.D. :

Think about this: very high profile cases get tried in the place where they occurred, even when the media coverage is extensive.

TexCrimLawyer, J.D. :

I don't think that you will find that one FB page makes it impossible to identify 12 people in a community that haven't heard of it. Even if they have heard of the page (which, odds are, they haven't) so long as they can base their decision on what happens in court and not on anything they heard outside of court, they are eligible jurors.

TexCrimLawyer, J.D. :

Also, the attorney for the state and the attorney for the defense will have a chance to talk to the jury before they are selected. As such, the attorney for the defense can ask potential jurors if they are aware of this FB page, etc. If they are, the attorney can strike them from the jury.

TexCrimLawyer, J.D. :

In short, the existence of a FB page will not impact the trial.

TexCrimLawyer, J.D. :

The few times I've seen judges grant a change of venue, it has almost always been after they tried, but could not find an impartial jury in the county where the crime occurred.

Customer:

Thanks...you rock

TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 3815
Experience: Experienced in state and federal criminal litigation.
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