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Can you use pictures and text messages from your phone, or emails and messages on websites such as Facebook as evidence?

New York, NY |

I am wondering if we can actually use these as evidence. I know that a message sent from someone's email box or Facebook account doesn't automatically mean that it is the person who owns that account who sent the message. The person will more than likely claim that they didn't sent it... However, can we use these messages as evidence? How can we prove that the person who sent it is the owner of the account? Also, the person might very well claim that the date and time isn't right. How can we prove that it is the right date and time the message got sent? Can we subpoena websites such as Facebook to ask them the exact date/time/ content of message and from which computer (IP address) it got sent from?

Attorney Answers 4


  1. You can use such items, but you need to be able to establish the appropriate foundation.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com


  2. All that can be done by your attorney. He has to meet certain legal standards to make the evidence admissible but it can certainly be done!

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.


  3. Yes you can subpoena them and affidavits or certified copies. Further testimony may be required for authentifiction.

    Hire a lawyer to protect your legal rights.

    THE ESTRELLA LAW FIRM, P.C.
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    The answers posted herein are not legal advice and no attorney-client relationship exists. Call for a free 20 minute consultation! THE ESTRELLA LAW FIRM, P.C. “LEGAL REPRESENTATION AND CONSULTING SERVICES THAT GO THE EXTRA MILE” -- Jeffrey J. Estrella, Esq. Licensed Attorney and Counsellor At Law/Abogado y Licensiado Licensed in New York, New Jersey, and Connecticut The Estrella Law Firm, P.C. 75-20 Astoria Boulevard, Suite 170 Inside The Bulova Corporate Center Jackson Heights, NY 11370 T. (347) 628-2391 F. (718) 672-4728 E. Estrella.Jeffrey@gmail.com www.EstrellaLawyer.com

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