Facebooking during your divorce

Happy Friday to everyone. With it being Friday, the social networking sites will be abuzz with everyone's weekend plans. We have all read cautionary tales of how putting too much information on these sites can affect one's job; however, it is just as likely if not more likely to affect your divorce.
Everyone needs a place to vent. Usually, it is done to friends and relatives. In the days past, people vented in person, then via email, now it is often done on Facebook. The problem is that with each degree we move away from in person contact, the more public our life becomes.
In divorce and family law litigation, lawyer's have to deal with a wide variety of complex legal issues regarding custody, asset valuation, asset distribution, alimony and child support. One thing that makes handling these issues difficult is that the Judge has the ability to use his/her discretion in reaching a finding on these issues. This is where Facebook comes in. Somewhere in that mystery land that is the Judge's discretion, is a region where the Judge will look at the conduct of the litigants before the court. The manor in which they conduct themselves during the marriage, separation, and divorce proceedings WILL have a major impact on the result of the litigation. Lawyers, under their duty to their clients, will use whatever amunition they have available (within our ethical limitations [don't laugh, most of us actually follow them closely]) to prevail for their client. I my self have been involved in many cases where emails, letters and recordings of phone conversations have been introduced. The next logical step in this progression is the use of a party's Facebook conduct. This could be even more damaging than other types of evidence because you have to ability to put photos, video, links, notes, status updates and various other information on Facebook. Additionally, you also have declared certain people to be your friends and could be damaged by the content of your friends' pages.
So consider this a warning to all of those Facebookers out there who really love to load up their page with content.

Avoid a roadblock = get pulled over

A recent opinion from the Alabama Court of Criminal Appeals has held that the avoidance of a roadblock is a sufficient basis for an investigatory stop. Law enforcement officers need reasonable suspicion that the person being stopped is engaged in some type of criminal activity. Therefore, the courts have declared that avoiding a roadblock gives law enforcement officers the necessary level of suspicion that you are engaged in criminal activity. REMEMBER that the right to pull you over is not the same as the right to search your vehicle. To search your vehicle (without your permission) they must have probable cause, which usually results from the officer seeing something that is in PLAIN VIEW which indicates a crime is being or has been committed. Additionally, in the unfortunate situation where you do get arrested, be sure to inform the officer you have someone who can take possession of the automobile on your behalf, so that it is not necessary to impound it. This may save you from the INVENTORY SEARCH at the impound lot, which could uncover further incriminating evidence. KNOW YOUR RIGHTS! Cooperate with the officer's directions, keep quiet and ask for your attorney.

Read the full case referenced above: State of Alabama v. White, 18 ALW 33-3 (CR-08-0869)

Welcome to the blog

Just a ceremonial welcome post to kick this thing off. I will be back a few times a week to update this puppy with relevant legal on goings.

Let me start it off with a warning to all of those who are renewing their license plates and or driver's license in the next few weeks in Jefferson County. The courthouse is a mess as a result of the county financial crisis and you will be waiting in line for HOURS to get these things done. TIPS: renew online if possible; driver's licenses can be renewed at ANY statewide renewal locations, not just your home county. For all of you Jefferson County residents this means you can renew at the Shelby County satellite location located in Inverness on Highway 280 (find it here: http://www.shelbycountyalabama.com/licenseoffice/license_280.htm )

Good luck to all of you poor soles who have to fight the lines.