Can text messages be used as evidence in court?
You found out your ex is coming after you on “domestic violence” charges, or your old employer wants to sue you for how you handled something on the job.
You’re racking your brain for all the incriminating evidence — they’ve got nothing on you.
Or do they?
As an experienced criminal defense lawyer in Knoxville, I’ve seen it all. And you might want to get serious about what’s in that cellphone of yours if you’re facing any type of conviction in Tennessee.
When Text Messages Are Used As Evidence in Tennessee Court
Over 90 percent of attorneys have seen increased use of smart phones’ digital messages being submitted as evidence in court.
Which means you need to make sure you know how to handle the contents of your phone if you ever find yourself being digitally searched.
In this article, I’ll cover:
Whether text messages can be considered verbal abuse in court
What else in your cellphone can be used against you
And how to avoid text messages getting you in deep trouble with the Tennessee law.
How Can Text Messages Provide Evidence in Tennessee Court?
Is a simple text message evidence of anything?
According to the state of Tennessee, text messages (and other phone-based communications), can be used as evidence in court.
Know this:
Text messages CAN be used as evidence of verbal abuse in court in the state of tennessee.
Text messages CAN be considered evidence of domestic violence in the state of tennessee.
What else in your phone can be used against you in court?
Emails
Phone calls
Pictures
Cellphone video
Voice recorder
“Yeah, but I have nothing on my phone that’s incriminating evidence,” you might say, “so this shouldn’t affect me.”
Unfortunately, you never know what’s on the cellphone of the other person charging you.
For example, It's easy for your partner to capture incriminating evidence on THEIR cell phone that they can turn around and use against you in court.
A person can use their cellphone to document how you behave toward them. They can use “voice recorder” to record an argument without your knowledge, for example.
Furthermore, your own digital footprint can be used to incriminate yourself. Consider how your social media activity might help – or harm – your case in court.
How to avoid trouble in court with text messaging
When you’re in court for any reason, you want to make sure your digital slate – and cellphone activity – is squeaky clean. Remember – they can and will use any evidence against you.
Keep the following in mind:
DO NOT text, email, call, or message your ex during court proceedings. Everything you say can and will be used against you.
If you absolutely must contact or communicate with them for any reason, take a BIG BREATH before talking to them and make sure you’re polite as hell.
DO NOT text, email, call, or message them if you’re intoxicated.
If you receive digital communications from your ex that upsets you and should be used against them in court, save it and pass it to your lawyer.
Should you delete incriminating texts you’ve already sent?
This might be tempting, but NO – DO NOT delete nasty text messages. This can be considered tampering with evidence.
Leave it up to an expert defense attorney to get you out of hot water.
Most importantly, make sure you have the best representation possible.
The law process can feel overwhelming for many – especially those who are having to live with scary content that might be incriminating from their computers or cellphones.
Don’t just assume this will go away. Call me today to make sure you have the strongest, most skilled defense possible. I proudly represent the criminally accused in East Tennessee, and I will make sure you are being treated with respect and your rights are protected the entire time.
