Can Your Cell Phone Hurt Your Criminal Case?

by Vernon Smith on December 5, 2014

It has been said numerous times that you do not talk about your criminal charges with anyone other than your criminal defense attorney. Any person that you talk to can become a witness against you. This is especially true if you are in jail, as all your calls are recorded (other than conversations with your criminal defense lawyer).

Many people still ask the question “What about my cell phone?” Is it OK to text message friends and family members about a criminal charge?

The answer is ABSOLUTELY NOT. Although some people believe that their cell phone is a direct extension of themselves, and believe that because they are not required to testify against themselves in a criminal proceeding, their cell phone texts may also not be used to incriminate them. This is simply not true.

Part of the rights read to you when arrested for a crime is “anything you say or do can and will be used against you in a court of law.” Those charged with a crime should take this admonition seriously, as a text to almost anyone can be potentially seized by law enforcement and be used in court to help secure a conviction.

Once that information is out there, it is there to stay. Deleting incriminating text messages or even physically destroying the phone they were sent from does not guarantee that the message can not be retrieved. Text messages themselves may be stored on servers of the phone providers, and thus may be recoverable. Records of sent texts are almost always available on phone records, and this includes the phone numbers where the texts were sent to.

The bottom line is- If You Are Charged with a Crime, Do Not Discuss Your Case either in person, by phone or by text, with anyone other than a criminal defense lawyer.


Merging Charges as Part of a Successful Appeal

by Vernon Smith on November 4, 2014


The Effect of the New Gun Laws on Airport Arrests

November 4, 2014
Georgia’s Safe Carry Protections Act went into effect on Tuesday, July 1, creating a variety of mixed reactions from around the country. The bill, which passed both houses overwhelmingly and was signed into law by Governor Nathan Deal, expands the places where gun owners with licenses to carry may exercise their Second Amendment rights, including […]
Read the full article →