Someone robbed my house and is under investigation. They are threatening to show the cops text messages of "supposive" drug deals that they are claiming I made if I press charges on them. I know that I do not deal drugs so I am not worried personally. So honestly, I am not aware that any such texs exsist but I do let everyone use my phone. I mean everyone and some are very questionable! And I cant be certain anyone else didnt use it for that purpose. My question is can I be indicted if there is drug deals made from my phone? I am following through with the charges regardless because I know that I am not quilty of ant drug offenses. But I am curious if a person can be charged for drug offenses just for texts messages?
Additional details below under comment: I think I may have confused some. I have my phone and voluntarily told the police that the individual is trying to threaten me stating: If I press charges on them for robbing my house. they will show the police text messages I supposively sent them selling drugs. Meaning: They are showing texts off there phone from mine; which I know I didnt send. I didnt know if the police could turn around and charge me with something. I am not under investigation for anything the other individual is.
If the text shows conspiracy to violate any law it could be a problem.
This looks like more of a suppression problem than a "someone used my phone" problem.
State will argue that it did not obtain the phone illegally.
The drug story would need some corroboration from email recipients. If a person sends emails offering to sell drugs to strangers, it probably won't work. But if police contact the recipients and ask them if its your usual mode of operation and they say yes, then it will be a problem.
Hire an attorney!!! See if the attorney you hire can come up with a strategy to get it back without hurting your position.
Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.