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


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.

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