QUESTION
Are texts allowed to be used against you?
Asked on Jun 11th, 2014 on Criminal Law - Colorado
More details to this question:
Texts were taken from my phone but it's not proof just hear say.
8 ANSWERS
Texts are written communication just the same as any other conversation such as a telephone call or email. These texts would not be hearsay because you made the communications. Hearsay is defined as an out of court statement offered to prove the truth of the matter asserted. However, one exception is a statement against interest which is what a statement that you made would be and thus could be used against you.
Answered on Jun 18th, 2014 at 5:20 PM
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Absolutely. Texts are very good evidence and often used in court. If you have criminal charges or a civil case I strongly suggest you speak with an attorney immediately.
Answered on Jun 13th, 2014 at 6:37 PM
The question of whether a search warrant is required to search the contents of the memories on a cell phone is up in the air at this time. If the search was legal, the prosecution needs evidence to prove that the text messages were written by you to use it against you in court.
Answered on Jun 13th, 2014 at 6:30 PM
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If properly authenticated it could be admissible evidence.
Answered on Jun 13th, 2014 at 4:00 AM
Text messages (SMS) can be used as evidence. You should understand that the hearsay rule is about the exceptions to the rule. You will have a difficult time convincing a judge to not admit the SMS if it has relevant evidence.
Answered on Jun 12th, 2014 at 8:15 PM
If the government can lay the proper foundation for the text messages than they will be able to use them against you in Colorado. The text messages are not considered hearsay because they will be considered admissions. So, admissions are statements Good Luck!
Answered on Jun 12th, 2014 at 7:26 PM
Absolutely admissible. It won't be hearsay anymore once the sender testifies in court.
Answered on Jun 12th, 2014 at 7:20 PM
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Texts can be used as evidence searching your phone may not be allowed in certain circumstances unless there was consent or a search warrant the author of text messages is in question and that may prevent their admission into evidence or be allowed to be argued to a jury that the true author is not known and therefore should not be regarded with any value by the jury to protect your texts on your phone, use a security code to prevent access by the police - do not give consent to search your phone - erase messages as soon as you can (they may be saved for about 30 days by your cell phone provider, but rarely longer) sometimes text messages can help you - make sure to save those!
Answered on Jun 12th, 2014 at 7:15 PM