In today’s increasingly digital world, people often rely on electronic communications rather than physical letters or face-to-face communication. Text messages are among the most prominent means of communication and may reveal information about a crime. Prosecutors may request access to your text messages for use as evidence in court.
Text messages and various other forms of electronic communications may be seized by the authorities and used as evidence in a criminal case. All prosecutors need to do is make sure the texts are legally obtained, relevant to the case, and properly authenticated. They may be used to prove knowledge, intent, timelines, and other details about a supposed crime. Your attorney can help you limit the prosecutor’s use of your texts in court.
Contact our NJ criminal defense attorneys by calling the Law Offices of John J. Zarych at (609) 616-4956.
How to Enter Text Messages as Evidence in NJ Criminal Court
Text messages may be used as evidence, but they must comply with the New Jersey Rules of Evidence, just like all other evidence.
Are the Texts Relevant?
Before a prosecutor can use text messages as evidence, they must be prepared to show how the messages are relevant to the case. What information do prosecutors believe is contained in your text messages? What reason do they have to believe this? Are their beliefs reasonable?
If the texts are relevant, they may be admissible as evidence, provided all other rules of evidence are followed.
Legally Obtaining Text Messages
Prosecutors must show that they legally obtained your text messages before they can use them in court. To legally access and obtain copies of your text messages, the police likely need a search warrant.
A search warrant must be based on sufficient probable caused gathered by law enforcement showing that evidence of a crime is likely contained within your text messages. The warrant must be approved by a judge before the police can search phone.
Warrantless Searches of Text Messages
If there were no search warrant, we should be very suspicious. While warrantless searches are not always illegal, they should be a red flag for you and your attorney.
Since text messages involve more than one person, they may be saved on your phone in addition to someone else’s. The police may not need a search warrant if the person you were texting willingly consents to the police searching their phone and texts.
Authenticating Text Messages
Prosecutors might claim that they have copies of your text messages, but how do we know for sure? Text messages are often linked to phones, not people. Even if prosecutors can prove that text messages originated from your phone, they may be unable to prove that you were the one who sent those messages.
Text messages may also be easily faked. Prosecutors must show that the text messages they have are indeed real. This may require some additional information or evidence from your phone service provider.
The Hearsay Rule
Text messages are generally considered hearsay evidence, and prosecutors must show that the text messages in your case fall under one of many exceptions to the rule against hearsay.
They may claim that text messages you sent are statements by a party-opponent. Other texts might be used to show present sense impression, a then-existing mental state, or even an excited utterance in some cases. Your attorney should heavily scrutinize the exceptions claimed by prosecutors.
What Can Text Messages Be Used to Prove in Criminal Court?
Text messages may be quite revealing, and prosecutors might try to introduce all sorts of information into the case based on what may or may not be in your text messages.
Knowledge or Intent
Text messages could reveal information about a defendant’s alleged knowledge or intent related to the crime. Perhaps the prosecutors believe the defendant texted someone about the crime or expressed intent to commit it. Such information could be extremely damaging if prosecutors can prove the defendant sent those texts.
Admissions
Text messages may include communications sent to or from the defendant that contain admissions about the alleged crime. Even if a defendant does not outright admit in text messages to committing the crime, they may reveal private details about the crime or some other involvement.
Timelines
Text messages may also help prosecutors establish a timeline of events surrounding the crime. Depending on how the crime allegedly happened, texts between the people involved may reveal the specific order of events.
Even if your text messages do not reveal any direct involvement in the alleged crime, they may reveal what you were doing and where you were in the days and hours leading up to the crime.
Alibis
Text messages are not always incriminating. Your text might reveal information that we can use to defend you. For example, your texts might reveal that you were out of town when the crime occurred. Often, when prosecutors find this information, they may be inclined to drop the charges.
Can You Have Text Messages Excluded from a Criminal Trial?
Just because text messages might contain details relevant to a criminal trial does not mean prosecutors have a right to introduce them as evidence. We may be able to restrict the prosecutor’s ability to use your texts against you.
Illegally Obtained Texts
If we believe that the authorities obtained access to your text messages illegally, we should immediately file a motion to have evidence of the text messages excluded. Otherwise, your Fourth Amendment rights will be violated. We should review all details about the texts and how prosecutors obtained them during the discovery phase.
Objections Over Privacy Concerns
If your texts contain highly private or sensitive information, we can try to block prosecutors from using it. Even if the texts are relevant to the case, the benefit of introducing them as evidence might not outweigh the damage done to your privacy.
This is especially important if your text messages are privileged. For example, texts to your lawyer are protected by the attorney-client privilege, and nobody may disclose those texts without your consent.
Limiting Only Relevant Texts
Prosecutors might want access to as many text messages as possible. However, this might not be necessary. We can request that prosecutors limit their scope only to text messages that they have a good reason to believe are relevant.
For example, texts between you and the alleged victim may be highly relevant, but texts between you and a friend who is completely unconnected to the case are likely not relevant enough.
FAQs About Using Text Messages as Evidence in NJ Criminal Court
Can Text Messages Be Introduced as Evidence in a NJ Criminal Trial?
Yes. Text messages and other forms of electronic communication may be used as evidence, provided they are legally obtained, relevant to the case, admissible under hearsay rules, and authenticated. Often, evidence of text messages may be used to expose supposed motives, knowledge, or timelines of events.
How Can You Limit the Use of Text Messages in a Criminal Trial?
Possibly. Texting is such a prominent means of communication that hundreds, or even thousands, of text messages may be exchanged between two people. We can try to limit the prosecution’s access to your entire history of text messages. Not only are most of your messages likely irrelevant to the case, but you may have serious privacy concerns that we must protect.
How Can You Use Text Messages to Your Advantage in a Criminal Case?
Prosecutors often seek to use text messages as evidence against the defendant, but you may be able to flip the script. Your texts might show that you had no advanced knowledge of the crime or a motive. They might also reveal alibis, conflicting timelines, or some evidence that the person you were texting is responsible, not you.
How Many Text Messages Can Prosecutors Introduce as Evidence in a Criminal Case?
Prosecutors may introduce into evidence as many text messages as are relevant to the case. Generally, the defense should try to narrow down which text messages the prosecution has access to and can use in court. Text messages can involve hundreds or even thousands of messages, and not all may be relevant or necessary.
Speak to Our NJ Criminal Defense Lawyers About Your Case Today
Contact our Wildwood, NJ criminal defense attorneys by calling the Law Offices of John J. Zarych at (609) 616-4956.
