The texts, along with phone records, and any witnesses will be helpful. Were you charged with carrying a concealed firearm, or being a felon in possession of a firearm? I'd really like to hear the facts of how the cops got in your car to get to the gun. Anyway, yes, the messages will help - there is a little-known way to possibly get the actual texts themselves, but time is ticking in that! Plus, you may want to have an investigator interview your friend. And you can always get an independent fingerprint analysis of the gun to prove he handled it.
But you really need an attorney to accomplish all of this, and run interference with the State Attorney. I handle cases in Polk, so give me a call.
First and foremost, I agree with my colleague that the text message and the witness may assist in your defense.
Secondly, I would strongly recommend you stop speaking about the facts of your case, especially using names of witnesses, in a public forum, like Avvo. Anything you post online could be used against you or potentially your witnesses later at deposition or if this matter eventually goes trial.
Lastly, I strongly recommend you contact a criminal defense attorney. There are many competent criminal defense attorneys in Tampa that handle cases in Lakeland, including Jeff Blumenauer. A criminal defense attorney will begin working with the State Attorney's Office to present your evidence and defenses in an attempt to lessen your charges or convince them to drop the charges.
Good luck with your charges, I recommend contacting someone as soon as possible.
This answer does not, nor is it intended to, create an attorney-client relationship or constitute attorney advertising. Rather, it is offered solely for informational purposes. The facts of each case are different and unique, it is critical to consult with qualified counsel with whom information can be shared and assessed under attorney-client privilege, so that competent and quality advice can be obtained on which you can make informed decisions
This is a reasonable hypothesis of innocence when the evidence against you is wholly circumstantial, and the state must present evidence that you knew it was there, or there should be a judgment of acquittal. Hire an aggressive criminal defense attorney.
R. Jason de Groot, Esq., 386-337-8239
If the gun was not found on your person then the State is proceeding under a constructive possession theory. This is difficult to prove without admissions. Get those text messages and a list of witnesses to an attorney ASAP. Good luck