Facebook post leads to teens prosecuted

AUSTIN (KXAN) - Social media may be a fun way to communicate, but it's also leading to kids being suspended from school and prosecuted for the things they write.

"Once it's out there, you can't take it away, and that's really frustrating for parents," said attorney David Gonzalez .

The Austin attorney has represented at least a half-dozen parents who had children post comments that got them into trouble with the law.

"We've seen a number of cases where one child posts what he thought was a prank or a jest and it was taken out of context, and every school believes it could be the next Columbine," said Gonzalez.

Even a post that says, "I just want everyone at school to leave me alone and go away" can be investigated.

Gonzalez said most of his clients think what they're posting is private, even though it's on a social media site. And you can even get in trouble if your post was written while you're not at school.

"AISD and Eanes code of conduct says off-campus activities that might have an effect on school campus are not only grounds for discipline on campus, but also being arrested and prosecuted in juvenile court. That's happened," said Gonzalez.

If your child does get in trouble with the law, Gonzalez advises you don't ask them what happened and instead seek out a lawyer or social worker first.

"There is no parent-child privilege," said Gonzalez. "There have been cases where parents have been subpoenaed to testify against their kids. You don't want to be in that situation with your child."

To prevent this from happening, ask some simple questions:

"Are you aware that this is stored? Are you aware that everyone sees this? You may think it's funny, but how can it be taken out of context?" said Gonzalez.

Gonzalez said teens who get in trouble with the law for their postings many times are suspended from school or sent to an alternative school.