If you are appealing a criminal case, whether it is a misdemeanor or a felony, you will need to take great care with what you say, write, text and post online until the appeals process has been fully resolved.
Just as you were warned when you were arrested, that “anything you say can and will be used against you,” the practical reality of the situation is that this kind of scrutiny still applies throughout your case.
Certainly, there are procedural boundaries to the appeals process that restrict the kinds of argumentation and evidence that can be presented by either side. In theory, anything that you say or do now shouldn’t technically have any bearing on the outcome of your appeal. But, as the American criminal justice system is a complex mechanism, the risk that something you email, text or post on social media could come back to haunt you is simply too great to dismiss.
Assume that you’re being watched
It is good common sense to assume that anything that you communicate via electronic means can be discovered and used against you in some way until your case is fully resolved.
As a result, you will want to communicate any sensitive information face-to-face or via a telephone call. Do not vent about your case on social media, however tempting that act of catharsis may be. Assume, for the sake of the outcome of your case, that all of your written words and posts have power and could be misinterpreted to undermine your appeal.
The act of appealing a criminal case is a stressful one. Do not undermine your position by unintentionally writing, texting or typing something that could potentially be used against you.