Canthe district attorney use my cell phone texts and conversation against me in a sells charge?
2 Answers from Attorneys
First, they have to lay the foundation - that is that they have to prove its your phone and that they're accurate.
Next - relevance. It's different if they are texts from that day versus from weeks or months ago.
Your lawyer can assess the evidence and advise you further.
There's no rule against it. The rules of evidence treat text messages just like any other type of written communication. Whether your messages will be admissible against you depends upon the specifics of your case.
Mr. Dane addresses some of the key issues in his response. There may be many others. As he says, you should discuss your case and your concerns with a lawyer ASAP.
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