What are the chances thattext message records will be subpoenaed for a misdemeanor possession charge?

I got picked up on a simple possession of marijuana charge, 0-2 ozs, even though it wasn’t mine and we are going to try and fight it. I was just curious, if they will get my messages because I have other things that I do not want to make public. Also, there are other things that aren’t relevant to this case but prosecutors could a case to make me look like a bad kid. I am just worried.

Asked on September 30, 2010 under Criminal Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Listen, the best thing that you can do for yourself is to get some legal help.  You sound VERYworried and nervous about this and other issues.  Test messages are used in certain matters in the criminal context that is true.  But not necessarily in the way that you may think in your type of case.  Sometimes the texting is the basis for the action and so that is why they are produced in a criminal matter, like in sending threatening texts or inappropriate texts.  If the prosecutors think that this possession is part of something "bigger" then they could make a argument for the texts.  So seek legal help on these matters.  No one can help you in this type of forum unless they know what you are talking about and even then, they can not really counsel you.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.