ok heres the deal my situation is quite serious, i was arrested on 3 counts of felony sexual assault for one girl. the accusations against me are completely false and the only proof i got that it didnt happen are on my younger cousins phone. the girl that accused me sent her text messages telling her to tell me that she was sorry and that nothing happened. my cousin locked the text messages on her phone and my question is can those text messages be used in court to help prove my innocence, the embarassment im going through is enough pain for me and my family, so if those werent sent to my phone but to my younger cousin would they still be able to be used? thanks
2007-11-26 07:54:41 · 9 answers · asked by friomedic5 1 in Politics & Government ➔ Law & Ethics
Maybe, maybe not. Your lawyer should be able to help you determine if they are admissible and if so to establish an evidence trail.
2007-11-26 07:59:40 · answer #1 · answered by davidmi711 7 · 0⤊ 1⤋
Yes.
The text messages can be entered as evidence as long as your lawyer is able to establish a foundation for them. Just showing the messages won't be enough because that wouldn't prove that they came from the accusers phone.
Tell your lawyer about them. He will know how to obtain the phone records from the cell companies to show the accuser sending a text message at the same time as your cousin received one.
Cellphone company records do not usually include the contents of the texts, though, so be very sure they don't get deleted. I'd ask your cousin to give her phone to your lawyer AS SOON AS POSSIBLE.
Be aware though that victims of assaults OFTEN recant their allegations, and juries don't always buy it, so even if it's shown that she sent them, it might not be enough.
Richard
2007-11-26 07:56:56 · answer #2 · answered by rickinnocal 7 · 4⤊ 0⤋
As others have stated, the final analysis is that you agreed to pay him the $450. He despatched you the phone with the expectancy that he could get $450 in go back. till the phone changed into damaged or no longer contained in the topic marketed, you do not have a criminal foundation for paying him a lot less. the right element to do could were to communicate it with him and ask if he could be prepared to take the decrease quantity. If he refused you are able to both grant to go back the phone to him (and positively go back it if he agreed) or basically pay the $450. How did you comprehend for confident that he's getting $one hundred and fifty earnings besides? Did he inform you that he purely paid $three hundred for it? For all you comprehend, he may have paid extra for it. it would not count because you entered in to a freelance with him once you agreed to pay $450 for the phone. to respond to your question regardless of the reality that: definite. textual content messages are allowed in small claims court docket. I surely have considered it multiple circumstances the position someone changed into stuck mendacity or shown to owe something because of textual content messages and e-mails.
2016-10-25 02:35:34 · answer #3 · answered by ? 4 · 0⤊ 0⤋
They can probably be used but it can still be argued that although the messages came from her phone, she did not send them. A friend of mine used text messages in a custody hearing.
2007-11-26 07:59:53 · answer #4 · answered by Sandy Sandals 7 · 0⤊ 1⤋
If you go in without an attorney, you probably won't be allowed to bring in the phone. My advice, get an attorney and let him present the proof.
2007-11-26 07:58:29 · answer #5 · answered by Anonymous · 0⤊ 1⤋
of course!! explain the situation. tell the judge everything u just told us, you have all the rights to use your phone if needed!
2007-11-26 07:58:07 · answer #6 · answered by love<3 3 · 1⤊ 2⤋
ask your lawyer, you need a lawyer due for this kind of stuff!!
2007-11-26 07:57:03 · answer #7 · answered by psychopiet 6 · 0⤊ 0⤋
they should allow you too i think
2007-11-26 08:03:41 · answer #8 · answered by Anonymous · 0⤊ 1⤋
evidence they will use it
2007-11-26 07:57:58 · answer #9 · answered by Anonymous · 0⤊ 0⤋