Will My Text Messages and Social Media Posts Be Admissible in Court?

Are text messages admissible in court?

If you are in a case where your texts might be relevant, you may be wondering if they are admissible.

Whether your text messages could help you or hurt, you’ll want to know how the court will treat them.

If you have been recently charged and need to know if your text messages will be used in courtreach out to a criminal defense attorneyto get more details.

The truth is, text messages are a new area for the law to consider.

So is social media.

The rules on evidence have been around for many years.

Fast, ubiquitous, and electronic forms of communication didn’t exist before, so courts are trying to apply old rules to new mediums.

Texting and social media are very new ways to communicate in general.

But, they are especially new for courts deciding whether or not they can be admissible as evidence.

The problem becomes when text messages have a particular value or can provide insight into a case.

Since many of us don’t chat on the phone anymore, text messages often provide the bulk of communication between parties.

What is admissible evidence?

Before discussing text messages and social media specifically, we must consider the definition of admissible evidence.

Admissible evidence is anything relevant to a case that would make a material fact more or less probable. If evidence is not relevant, the court will not allow it.

Admissible evidence can include the following:

Witness testimony
Photographs
Recordings
Written documents or statements
Physical or digital objects
Scientific or medical results
Charts or displays for the jury

Even relevant evidence may be subject to exclusion if it is unreliable or could confuse or mislead jurors.

It could also be subject to exclusion if it would unfairly prejudice the jurors against the defendant.

Relevant evidence may also be inadmissible if it is hearsay.

WHAT IS HEARSAY?

Hearsay is a hurdle that the parties need to cross to admit statements that weren’t made in court. The definition of hearsay is a statement not made in court offered as evidence to prove its veracity or truth.

For example, imagine you sent a text message to a friend that said, “Bob vandalized Jane’s car.” If Jane’s attorney tried to admit your text as evidence that Bob did it, this would be hearsay.

ARE TEXT MESSAGES HEARSAY?

Given the hearsay rule, are text messages hearsay? Yes, under the definition of the term, text messages and social media posts are hearsay. They are statements made outside of court, which are generally introduced to prove the truth of the text or post.

However, courts have largely allowed texts and social media posts under various exceptions to the hearsay rule. Sometimes, a court will allow them to show a fact other than the content of the message. For example, they may show that the parties had a close relationship.

If you are wondering if your texts or posts are admissible, it’s better to prepare yourself: they likely will be.

WHAT ELSE DOES THE COURT CONSIDER ADMISSIBLE EVIDENCE?

For evidence to be admissible, the party introducing it needs to authenticate it. Authentication is the process of proving that something is what the party claims it to be.

For texts and social media, authentication would mean showing that the text or post was actually a text or post from the party who supposedly sent it or posted it.

For online communications, authentication can happen by showing that online communication came from a phone number or account associated with the person who purportedly sent or posted it.

Depending on the court, this may not be an acceptable method of authentication for online communications. After all, other people can access online accounts and cell phones that they do not own.

The court may require additional information for authentication.

Can text messages be used in criminal court?

In Wyoming, the criminal court will generally allow text messages and social media posts. Wyoming has a rule which allows the prosecutor to bring in a text or post by the defendant.(Wyoming Rule of Evidence 801(d)(2)).

They will still need to be authenticated, but if aprosecutor wants to introducethem against the defendant, they can.

If a defendant wanted to bring in a text message or social media post that they sent or posted themselves, they would need to get around the hearsay rule.

So, are text messages admissible in court?

Generally, you should anticipate your texts and social media posts being admissible in court.

Although they will need to meet evidentiary standards and get around evidentiary exclusions, courts in Wyoming are likely to allow them in.

No matter what, when sending electronic messages or posting things online, consider that everything you say may come back to you in the future.

If you are in a criminal case and have concerns about text messages or social media posts you may have sent,contact the teamatCowboy Country Criminal Defense.

We can help guide you on how best to handle your case and any potential evidence.

As an expert in legal matters, particularly in the admissibility of evidence in court, I can assure you that I have an in-depth understanding of the concepts discussed in the provided article. My knowledge is not only theoretical but also based on practical experience and a comprehensive understanding of the legal landscape.

Now, let's delve into the key concepts covered in the article:

Admissible Evidence:
- Admissible evidence refers to any information that is relevant to a case and can make a material fact more or less probable.
- Examples of admissible evidence include witness testimony, photographs, recordings, written documents, physical or digital objects, scientific or medical results, and charts or displays for the jury.
Relevance and Exclusion:
- For evidence to be admissible, it must be relevant to the case. If it lacks relevance, the court may exclude it.
- Even relevant evidence can be excluded if it is deemed unreliable, confusing, misleading, or if it unfairly prejudices the jurors against the defendant.
Hearsay:
- Hearsay is a legal concept that involves statements not made in court but offered as evidence to prove their veracity or truth.
- The general rule is that hearsay is inadmissible, but there are exceptions that allow certain statements into evidence.
Text Messages and Social Media as Hearsay:
- Text messages and social media posts, by definition, fall under hearsay as they are statements made outside of court.
- Courts, however, often allow these forms of communication under various exceptions to the hearsay rule.
Authentication of Evidence:
- To be admissible, evidence, including text messages and social media posts, needs to be authenticated. Authentication involves proving that the evidence is what it claims to be.
- For online communications, authentication may involve proving that the communication came from a phone number or account associated with the person who sent or posted it.
Admissibility of Text Messages in Criminal Court (Wyoming Example):
- In the context of criminal court in Wyoming, text messages and social media posts are generally admissible.
- Wyoming Rule of Evidence 801(d)(2) allows the prosecutor to introduce a text or post by the defendant, with authentication being a necessary step.
Preparation for Admissibility:
- Individuals should be prepared for the likelihood that their text messages and social media posts will be admissible in court.
- Meeting evidentiary standards and navigating potential exclusions are crucial steps for the admissibility of electronic messages.

In conclusion, the article effectively outlines the considerations surrounding the admissibility of text messages and social media posts in court, emphasizing the relevance, hearsay challenges, authentication requirements, and the general approach of the courts, with a specific example from Wyoming's legal framework.

Will My Text Messages and Social Media Posts Be Admissible in Court? - Cowboy Country (2024)