The contents of digital communication like emails and text messages can land you in legal trouble, keep reading to learn more.
Digital Communication is Not Private
In the late 1990s and early 2000s, email became not only the main channel of communication between colleagues, acquaintances and friends, but also a way to market to the masses. Email marketing is convenient and low cost, offering a fast way to connect with thousands of potential customers at once!
Believing that the emails and text messages you send are private is naive. Digital communication provides a reliable, written record of communication as long as it can be proven genuine. Promises made, business agreements reached, threats, offers, etc. are all discussed in email and are admissible in court.
Billions of emails are sent and received each day in the United States, and behind verbal communication and text messaging, email communication is the third most popular form of communication in the US. Emails and text messages are casual ways to discuss anything, which is why digital communication is of so much interest to investigate when it comes to the legal system.
A New Way to Incriminate
Email and text messaging seem like easy, harmless ways to communicate with those who are close to you. Discussing life events, RSVPing to an invitation, setting up plans for future travels, etc. can all be done using email or a quick text. However, anything written in a text message or email is not necessarily for your eyes only.
If you are involved in a criminal, or even a civil case, your personal emails and text messages can be subpoenaed for review by the prosecution in the case. Even if the emails or texts obtained for investigation seem to have nothing to do with the case, they can still be studied and scrutinized. Surprisingly, deleted texts and emails can also be retrieved using forensic tools.
Emails and text messages provide a direct record of communication, so they are definitely of interest when it comes to prosecuting a criminal case. Digital communication leaves a timestamp, is stored on a device, and cannot usually be altered or changed without leaving some evidence of change behind. Courts view these types of digital communication as highly credible as long as they have been authenticated.
How Digital Communication is Used in Court
Emails and text messages that are gathered and analyzed can be used for many purposes in a court case. Again, a thorough review of any digital communication is completed before it can be submitted as evidence, however the process is routine in today’s courtrooms.
Some ways in which emails and text messages can be used in a court case include:
- Proving or disproving claims: Messages can confirm details of agreements, meetings, arguments, threats, or other actions.
- Building timelines: Digital communications can help construct a sequence of events.
- Proving intent/motive: Emails and text messages can reveal a person’s state of mind and may provide reasons for their actions.
- Cross-examination of witnesses: Emails and text messages can be used to challenge the testimony of witnesses in the case.
Emails and text messages can influence the resolution of a case which is why it is important to seek the help of an experienced criminal defense attorney who understands how to authenticate digital communications if you are involved in a court case.
Protecting Yourself In a Court Case
If you are involved in a court case, your digital communications will be collected and reviewed. Some things to keep in mind if you are in this position include:
Not Deleting Anything: Deleting any emails or text messages once a case has been filed can be seen as destroying evidence and may have legal consequences.
Limiting Social Media: Do not discuss your case with anyone, especially on social media. Do not post any comments or information on social media regarding your situation.
Relying on Your Criminal Defense Attorney: Communicate through your attorney as much as possible.
Understanding the seriousness of any charges against you and showing respect for the legal process is important if you are involved in a court case. Your criminal defense attorney will take the lead and keep you informed on what you need to do to secure the best outcome possible.
Securing a Criminal Defense Attorney
Knowing what to do or who to turn to when you’ve been accused of a crime is frightening. Finding the right criminal defense attorney can make the judicial process not only less scary, but also increase your chances at a favorable outcome. Protecting your rights and your future is important. The legal team at the Law Offices of Robert J. DeGroot is here to help.
Reach out to the Law Offices of Robert J. DeGroot today if you or someone you know has been accused of a crime.
