When a person sends a text message, the fact that the conversation takes place on a screen can sometimes cause people to say things they would not normally say if the conversation were taking place in person. While you may feel that your text message conversation should be private, when it comes to a criminal proceeding after you have been charged with a crime, your texts may find their way into court to be used as evidence.
Former Assistant District Attorney Sophia C. Martinez has extensive experience helping clients build a strong case when their text messages are being used against them in Texas court. While it may feel like a major invasion of privacy to have your personal text messages used in court, Sophia Martinez Law can help ensure you have a fair trial and your rights are protected.
Are Text Messages Admissible in Criminal Court in Texas?
While you may feel like your text message conversation should be kept private, the reality is that text messages have become more common to use as evidence in Texas court. If there are text messages found that could be incriminating for your charges, these messages will likely be used as evidence if it can be demonstrated that they have a valid bearing on the matter at hand.
Text messages between you and the other party are generally considered to be admissible, but it must be proven in court that the phone numbers receiving or sending the texts belonged to you or the other party. While this can be easily done in most cases, there are situations where it may need to be investigated further.
When Are Texts Not Admissible in Texas Court?
When the prosecution tries to utilize text messages that were sent to you from other parties, these messages may not be admissible. This is because they may fall under the category of hearsay. Additionally, some texts may not be considered, including text messages regarding alleged illegal actions that do not align with the crime you are being charged with in the present case. In these situations, the messages will not be considered by the court.
In today’s society, there are many apps on smartphones that can allow people to create fake text messages. In the event that fake text messages have been created and used by others to create false evidence, these messages will not be admissible to court. For this reason, text messages must be authenticated in some way before they can be used as evidence in a criminal case.
If you believe you have been subjected to phony texts through fake social media or fake text accounts, your criminal defense attorney may be able to help you by launching a full investigation into the messages to ensure that your interests are protected against false allegations. Whether or not text messages will be utilized by the prosecution in your criminal case, when you retain the help of Texas criminal defense attorney Sophia Martinez, you can rest assured that she will protect your rights while providing you with dedicated legal representation.
Get Help Building Your Criminal Defense Case With Sophia Martinez Law
Being accused of a crime can be unnerving, and that stress is only multiplied when you find out that your personal text messages may be used against you in your case. To get help with your case, contact Former Assistant District Attorney Sophia C. Martinez.
With more than 25 years of experience supporting the accused during their fight for justice, Sophia Martinez Law is dedicated to helping you through trusted representation. To schedule a free evaluation with Attorney Sophia C. Martinez, contact her office today by completing a contact form or calling (210) 226-3000. Phone lines are open 24 hours a day, seven days a week. She also speaks Spanish.