When Text Messages Become Evidence: How Digital Communications Can Make Or Break A Maryland Criminal Case

In the modern world, the majority of communication occurs through the use of text messages, social media, and messaging apps. Although these tools can be very useful, they can also be used as evidence in a criminal case. In Maryland, the prosecution is increasingly using these tools in building cases, especially against the defendant’s own words. It is very important for someone facing criminal charges to understand the role of text messages in their case. 

How is digital evidence used in criminal cases? 

Text messages, emails, and social media communications often come into play as evidence in Maryland criminal cases. This can help to prove a person’s intent, knowledge, or involvement in a particular criminal activity.

For instance, in a drug case, text messages regarding the quantity or price of a drug can help to prove an individual’s intent to distribute rather than use it. In an assault case, a person’s threat can help prove their motive to commit a crime.

Any form of text message can also be taken out of context to strengthen a case against a person accused of a crime. Law enforcement agencies can obtain this information through a search warrant, subpoena, or by examining a person’s phone after their arrest. In some instances, a person’s communications with a third party can also be voluntarily given to law enforcement, thus increasing the scope of available evidence. 

Legal challenges to digital evidence 

However, despite its increasing use, digital evidence is not always as cut-and-dried as one might think. A skilled criminal defense attorney can raise questions about the admissibility of these communications.

One such problem is authentication. The prosecution is required to prove that the defendant sent those messages. There is always a possibility that the phone was shared, or the account was hacked, or that someone is impersonating someone else. If authentication is not established, then such evidence may not be admissible.

Another problem is related to search and seizure laws. The Fourth Amendment protects individuals against unreasonable searches. In many cases, the police would have to obtain a warrant to access these communications. If not, then such evidence may not be admissible.

Another problem is context. Messages do not always mean what they say. Defense attorneys can often use this to their advantage. 

The risks of casual communication 

Many folks do not realize the potential for their day-to-day communications to be used against them. Jokes and statements may not be understood as such in a court of law. In addition, messages may not be as easily deleted as they are sent.

The above is significant because Maryland does not require a confession for a case to be brought. Messages may be pieced together to establish the elements of a crime. 

Talk to a Bel Air, MD, Criminal Defense Attorney Today 

Schlaich & Thompson, Chartered, represents the interests of Maryland residents who are facing criminal prosecution. Call our Bel Air criminal defense lawyers today to schedule an appointment, and we can begin discussing your next steps right away.