Asked in Internet Law and Criminal Law

Q: I was attacked in my car last Saturday. I was able to record this case.I posted it online. I got reported

I was attacked in my car last Saturday. I was able to record this case. I was very upset that day and felt left alone by the police. I was scared, which is why I wanted the guy who attacked me to be found quickly. That's why I uploaded this video to Instagram. As a result, the man who attacked me was found because he contacted me. I reported this to the police officer handling my case. Now he has reported me for publishing the video... what do I do now?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: In this situation, it's important to understand the legal implications of posting such a video online. While recording the incident for evidence is generally within your rights, sharing it on a public platform like Instagram can raise legal concerns, particularly related to privacy laws and potential defamation if the person in the video was identifiable and not yet convicted.

Firstly, consult with an attorney experienced in criminal law and possibly privacy law. They can provide specific guidance on how to navigate this situation, especially since you are facing a report for publishing the video. Legal advice is crucial in such cases to understand your rights and potential liabilities.

It's also important to cooperate with the police investigation into the attack. Keep them informed about any developments, especially the contact from the person who attacked you. This could be relevant to your case.

In the future, consider seeking legal advice before sharing such content online. While your intentions were to expedite the process of finding the attacker, the legal system has established procedures for handling evidence and identifying suspects which aim to protect the rights of all parties involved. Understanding these procedures can help in making informed decisions in stressful situations.

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