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Can you be indicted on drug charges just from text messages solely? No other evidence.

Toledo, OH |

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.

Attorney Answers 1

Posted

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.

Good Luck...

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.

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Posted

I am sorry I am confused a little.. or I may have confused you. I am not under investigation for anything. I called the cops because on Saturday Night someone broke into my home. The persons who done it is my best friends boyfriend and friend and she is at my house all the time as are they with her. I know my friend has an addiction problem I have tried to help her repeatedly, she uses my phone often and is ofcourse covering for her boyfriend. I know these individuals are the ones that robbed my house. Because they stole my boyfriends prescription drugs and was selling them 20 mins later and the police found hand prints on the window. When I informed them I was pressing charges and that the police found evidence they told me " I better not to do it" or they would show the cops texts of me selling narcotics. I just laughed in a reply and said good luck with that everyone nows I am against that ****. They have been texting me the last three days stating if they get in trouble I am going to get in trouble for selling drugs. I have my phone and I informed the officers they was maing these threats. The police want me to bring my phone in to show them the text messages. I just want to be sure I am not going to get arrested if the person who robbed me does have messages from my phone from his girlfriend making drug deals? Can I be charged with something after I voluntarily show the cops my phone where they are claiming I am a drug dealer?

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