Text Messages as Evidence in Court

Every day, people around the world send billions of text messages. Whether making plans with friends or family or communicating with colleagues, texting has become integral to modern communication. Many of us consider text messages to be fairly private. But did you know text messages can sometimes be used as evidence in court?

Text messages contain valuable information that can provide insight into a person’s mental state, credibility, or involvement in criminal activities. They can also help establish motive, intent, or an alibi. However, not all text messages are admissible as evidence. To be admissible, text messages must meet evidentiary standards, including relevance, authenticity, and how the messages were obtained.

If you were charged with a crime, text messages you sent and received could become an issue in your case. An experienced criminal attorney can ensure that helpful text messages are properly authenticated and can be used as evidence while working to exclude text messages that might harm your case. In some cases, having text messages excluded from evidence can mean the difference between a guilty verdict and going free.

Text Messages Are Commonly Used as Evidence in Court

As recently as a decade ago, using text messages as evidence in court proceedings seemed novel. Judges were unsure how to navigate the rules of evidence as they applied to text messages, and it was unclear whether attorneys could obtain text messages as part of the discovery process.

As text messaging has become a primary form of communication, using text messages as evidence in court has become vital. Today, text messages are commonly used as evidence in many court proceedings. Police officers routinely seek search warrants to obtain digital evidence, and defendants often introduce text messages as evidence of their innocence.

Text Messages Provide a Record that Can be Used to Show Intent, Motive, and Mental State

In a traditional phone conversation, the substance of the call is rarely recorded. Text messages are different. By their nature, they create a record that can be preserved and shared with others by taking a screenshot or using more sophisticated forensic methods to extract data from a user’s phone.

Text message evidence can be extremely valuable as people create text messages with less forethought than when writing an email or preparing a letter. As a result, text message evidence is a good source of evidence to show what a person was thinking or planning when the message was sent. This evidence can easily be used to show a defendant’s mental state, motive, or intent.

Can Text Messages Be Used as Evidence?

To be admissible as evidence, text messages must be shown to be relevant, authentic, and legally obtained.

Authentication of text messages is often the most difficult hurdle to overcome. To be admissible, the person seeking to introduce the evidence must do more than simply show a person’s name on the text message. A person can authenticate a text message by presenting a photograph or printout with identifying information, such as the sender’s name and phone number, that connects the message to a particular sender. Someone might also obtain an affidavit that shows the originals and copies of the text messages are true and accurate representations of the messages.

If you wish to use a text message as evidence, it can be helpful to include the date and time the message was received.

Aren’t Text Messages Private?

Text messages are not as secure as many may think. Even though state and federal laws provide some digital privacy protections, they have limitations.

As courts continue to grapple with the issue of privacy of digital evidence, the trend is that, similar to the US Mail and email, any expectation of privacy in a text message is extinguished when the message is delivered to the recipient.

What About Deleted Texts or Photos?

Deleted text messages and photos can still be obtained and used as evidence. However, you must use the correct methods to ensure the information is admissible and avoid deleting texts and photos created since the last backup.

We frequently work with forensic experts who can retrieve deleted messages and photos without destroying other evidence while ensuring the evidence will be admissible in court.

Are There Defenses to Admitting Text Messages as Evidence?

Just because a text message exists does not automatically mean it is admissible or that it can be used to show a person’s guilt. A skilled criminal attorney can seek to have text messages excluded from consideration as evidence by:

• Questioning the message’s authenticity. Can the prosecutor prove the text message came from you? Could your phone have been hacked? Borrowed? Left unattended? Or did the recipient change the name assigned to the sender to make it look like it came from someone else?
• Challenge the context. Text messages are notorious for being taken out of context, even under normal circumstances. A skilled criminal attorney can question the context in which the message was sent and received and whether the message is reliable and really means what the prosecutor claims.
• The evidence was obtained illegally. Unlawfully obtained evidence should not be admitted. If the police violated your rights when they obtained the text message, it should not be admissible as evidence.

How The Lebedevitch Law Firm Can Help

If you were charged with a crime, securing experienced legal counsel is crucial. The Lebedevitch Law Firm represents people in Fairfield and New Haven counties and throughout Connecticut. Stephen Lebedevitch has extensive experience defending people charged with crimes. He will carefully investigate the charges against you and mount a vigorous defense to obtain the best result in your situation.

Contact The Lebedevitch Law Firm Today

Contact our law office today to schedule an appointment to discuss your situation and how we can help.