Can cell phone records be used in court as evidence if the phone or number do not belong to me ???

Asked about 2 years ago - Boston, MA

Threats were made via text from a cell phone that is not mine, it was charged because of the content in the text destruction of property anf threats to committ crimes...I feel like threats did not come from my cell phone and i should nit be charged

Attorney answers (4)

  1. Jessica Ann Foley

    Contributor Level 14

    4

    Lawyers agree

    Answered . Hi,

    You can be charged with this, but it will be difficult to convict you if they don't have evidence proving that it is you. You should hire a lawyer and figure out the best defense. There are many possible options, such as a Motion to Dismiss (if they don't have anything), or possibly a remand to a clerk's hearing. You might even need to take it all the way to trial.

    I cover your area.

    Jessica Foley
    866-981-7888

  2. Dominic L. Pang

    Contributor Level 17

    2

    Lawyers agree

    Answered . You can be charged with a crime under the facts you described. The content of the text messages may give rise to probable cause to believe that you were the person who made those threats, even if the threats did not come from a cell phone with your name on the account. On the other hand, there may not be probable cause to charge you. The answer depends on the specific facts. Note: do not post the specific facts in a follow up to your original question - your postings could be collected as evidence against you. The fact that the text came from a phone number that was not yours will not automatically cause a charge to be dismissed.

    If you have been charged with a crime, then step 1 is to get a lawyer. There may be a motion to dismiss the complaint for lack of probable cause in your case, but you still must go through the court process and convince a judge to dismiss the charge.

    Good luck,

    Dominic Pang

    Disclaimer: This answer is provided for informational purposes only and it is not intended as legal advice.... more
  3. Michael Lawrence Doyle

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . It is difficult to know without the specifics. In many circumstances, I would believe it is a beatable charge. However, I see cases in which a witness is intimidated by a third party and there is circumstantial evidence linking it to the defendant. Cases like those can lead to a conviction even though it was not sent by the defendant.

  4. Bryce Aric Fetter

    Contributor Level 15

    2

    Lawyers agree

    Answered . It doesn't matter who the phone belonged to, only who sent the texts. That's what they have to prove. Someone else could send threats from your phone and you could do the same from someone else's phone. They will have to establish that you sent the texts. They can do this from the content of the texts, sworn testimony from the phone owner or someone else with firsthand knowelege, GPS tracking, etc. Good luck. www.BryceFetter.com

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