Charlotte Criminal Lawyer Blog
Can My Text Messages Be Used as Evidence in Court?
If you have been charged with a crime, you are likely wondering what evidence can be gathered and how it can impact your case. Almost everyone has a cell phone and utilizes it for communication by text and voice calls. Is the information on your phone considered private, and if not, how can or will it be used against you in court? Likewise, you may also wonder if some of the information on your phone can be used to defend your case. A knowledgeable criminal defense attorney will help you understand how your phone data could be important based on the facts of your case.
Is My Phone Data Private?
People typically assume that the information and data they keep on their phones are private and belong only to them. While that is generally true, it is also true that the prosecution may seek to obtain data from your phone. If you do not provide your phone willingly, they may still be able to get it using a subpoena. A subpoena allows the government to obtain phone records that may include texts, photos, and phone call records, among other things. They may also be able to obtain other records, such as from your social media accounts.
Evidence Must Be Admissible
In order to be used in a case, the evidence must meet certain criteria. Evidence must be authentic. In order to prove authenticity, the state may utilize an expert who specializes in data retrieval and evaluation. The data must be shown to come directly from your device, and it must show that you are the owner or person operating the device. Evidence must also be relevant to the specific charges. The state must show that the evidence they intend to use is linked to the crime in some way.
What About Deleted Data?
Many times, a person deletes texts, photos, or other data from their phone, either intentionally or unintentionally. It is important to note that there are sophisticated methods available to extract phone data, which may make deleted information available. Deleted information is used the same as regular phone information. However, the deletion of pertinent information could be used to indicate that you were aware of the situation and deliberately erased data. This could then be used to show that you knew that something you did was wrong and tried to cover it up by destroying evidence.
Challenging Evidence
As you and your attorney defend your case, you need to challenge evidence, including evidence from your phone. There are various ways your lawyer will likely try to object to evidence. In some cases, the evidence can be excluded from your case. If the evidence was gathered illegally, such as by obtaining access to your phone without permission or a subpoena, it may not be allowed in court. Another way to challenge the data is to show that the information was not properly extracted or evaluated. The credibility of the source of evidence is also a way to challenge it. Your attorney will review the details of your case to determine the best defense options.
If you or a loved one is facing criminal charges, we are here to help. Contact us at Arnold & Smith, PLLC, at (704) 370-2828 to speak with our experienced legal team.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights, and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.law.cornell.edu/wex/evidence
https://www.law.cornell.edu/wex/subpoena
See Our Related Video from our YouTube channel:
See Our Related Blog Posts: