Can My Text Messages Be Used Against Me in Court?

If you’ve ever sent a text message in the heat of the moment – you’re not alone. Unfortunately, you might not think about the way that message might look out of context, especially in a criminal investigation. Text messages can and do come up when people face criminal charges. So it is important to remember that, yes, your text messages can be used against you in court under the right circumstances.

The admissibility of text messages depends on whether they meet certain legal requirements. In general, the prosecution must show the following:

• The message is authentic, meaning it came from your phone and wasn’t altered or fabricated.
• The message is relevant, meaning it has to directly relate to the case at hand. For example, a text admitting guilt or discussing the crime could be relevant.
• The message must comply with the rules of evidence, meaning that courts have strict guidelines about what can and cannot be presented as evidence. This includes rules about privacy and admissibility.

If the prosecution can’t meet these requirements, our Charleston and Columbia criminal defense attorneys can argue that the message should be excluded from the evidence.

How prosecutors use text messages in court

Prosecutors often turn to text messages when building a case because the messages can serve as direct evidence. Here are some examples of how text messages might be used in court:

• If you texted someone admitting to a crime, even as a joke, that message could be used as evidence of your guilt.
• Messages showing you planned a crime or worked with others can be used to demonstrate intent or conspiracy.
• Texts contradicting what you say to law enforcement or in court can hurt your credibility.

Here’s an example. Say you’re charged with theft. If you sent a text saying something like, “We’ll grab the stuff and split it later,” that message could be used against you to suggest you were involved in the planning. Even if you meant it differently or were being sarcastic, the prosecution might argue otherwise.

How are text messages collected as evidence?

A text message doesn’t just magically appear in court – messages have to be collected legally. Here’s how that process typically works:

• Law enforcement must usually obtain a warrant to search your phone. This ensures that your Fourth Amendment rights against unlawful searches and seizures are protected.
• In some cases, the prosecution might subpoena your text message records directly from your phone provider.
• If your phone has been seized, investigators may use forensic tools to recover deleted messages or access encrypted data.

Can deleted texts be used against me?

Yes, even deleted text messages can sometimes be recovered and used as evidence. Law enforcement uses advanced technologies to retrieve deleted data from smartphones, especially if they possess the device. It might feel like your texts are gone forever when you delete them – but that’s not always the case.

Your Columbia and Charleston criminal defense attorney can investigate how these messages were obtained. If the police or prosecutors violated your rights during the collection process, the evidence could be ruled inadmissible.

Can someone else’s text messages be used against me?

Unfortunately, it’s not just your own texts you need to worry about. Messages sent by other people can also be used against you in court. For example:

• If someone you were texting claims you admitted to a crime, their phone records could back up their story.
• Group chats discussing illegal activities might implicate everyone involved.
• Messages from a co-defendant or witness could provide evidence tying you to a crime.

This is why it’s so important to be mindful of what you share via text. A casual conversation or heated argument over the phone can quickly escalate into something that hurts your defense.

Privacy concerns and legal protections

Your text messages may feel private, but the truth is that they’re not as secure as you might think. Even though federal and state laws provide some protections for your digital privacy, these protections do have limits. For example:

• Under the Fourth Amendment, police generally need a warrant to access your texts. However, there are exceptions, like if you permit them or if the messages are shared by someone else.
• Text messages stored by your service provider can often be accessed with a subpoena, especially if the messages are part of an ongoing criminal investigation.

South Carolina courts are still grappling with balancing privacy rights with using digital evidence in criminal cases. I can challenge any overreach by law enforcement and ensure your rights are protected.

Are there defenses against text message evidence?

Remember, just because a text message exists doesn’t automatically prove guilt. Here are some of the ways your attorney might challenge text message evidence:

• Question authenticity. How do prosecutors know the message came from you? Phones can be hacked, borrowed, or left unattended, making it difficult to prove who sent the message.
• Argue context. Texts are often taken out of context. Your lawyer can show the broader context to show the message doesn’t mean what prosecutors claim.
• Challenge how the evidence was obtained. If law enforcement violated your rights while obtaining the messages, your attorney can file a motion to suppress the evidence.

How to protect yourself

Nobody plans to end up in court. However, it’s always a good idea to be cautious about what you put in writing. Here are some practical tips to protect yourself:

• Assume that anything you send could potentially be used against you.
• Avoid saying anything that could be interpreted as incriminating, even if you’re joking.
• Use strong passwords and avoid sharing your devices with others.
• While it might seem like a good idea to delete incriminating texts, doing so could be viewed as tampering with evidence.

How your Charleston & Columbia criminal defense lawyer can help

If you’re facing charges and are worried about how your text messages might be used, consult an experienced criminal defense lawyer as soon as possible. Here’s how your attorney may help you:

• By carefully analyzing the text messages and other evidence against you to identify weaknesses in the prosecution’s case
• If law enforcement violates your privacy rights, your lawyer can challenge the admissibility of the evidence
• Your attorney can craft a solid defense strategy tailored to your case, whether that means challenging the evidence or negotiating a favorable outcome

If you’re facing criminal charges in Charleston or Columbia and are concerned that your text messages could impact your case, don’t wait to get legal help. Our legal team understands the complexities of digital evidence and is dedicated to protecting your rights. Contact The Law Offices of A. Randolph Hough to schedule a consultation today. Proudly serving all of South Carolina.