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AttorneyTom
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Category: Criminal Law
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person A sent a text message to person B, person B responeded

Resolved Question:

person A sent a text message to person B, person B responeded to that text. Person A then erased that text and spoofed a message to themself from person B. Perrson A then took the spoofed message to the local police and filed charges against. Person B is now being charged with a crime. How do we get the text messages from person A's cell phone account?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  AttorneyTom replied 5 years ago.
Hello! Thank you for bringing your question to JustAnswer! I'm T-USA and I'll be happy to provide some valuable information!

I am working on an answer to your question now. Please be patient and I will post the answer as soon as possible. This may take a little time, as it may require some research and it takes some time to type up a response.

Thank you!
Expert:  AttorneyTom replied 5 years ago.
Thank you for waiting!

When an individual has been charged with a crime, he is entitled to seek any evidence that may absolve him of the accusations. This would include text messaging records maintained by a cell phone company. Such records can be obtained using a subpoena. The court then essentially orders the company to relinquish the records and those records then be admitted in court.

Further, those records could be helpful in other actions. For example, teh state may charge someone with filing a false police report. Alternatively, if a matter is discharged in the criminal defendant's favor, he may be able to sue the person who accused him of the unlawful activity for malicious prosecution, abuse of process, and/or defamation.

I hope the matter works out in your favor and that it goes as smoothly as possible!

I know that this answer may not be entirely what you wanted to hear. However, it's the honest truth and I know you want a truthful answer above all. I rely on your honor to earn my living and I hope that you will click accept so that I am paid for my time and effort spent providing this information. If you don't click accept, I don't get paid anything at all.

If you have a follow-up question, please be sure to ask it using the REPLY feature and I will respond as promptly as possible. In some instances, depending on how long you wait to reply, there may be a delay in my response as I may be taking a necessary break from work.

Thank you again for coming to JustAnswer!
AttorneyTom and 2 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
how is a subpoena gotten
Expert:  AttorneyTom replied 5 years ago.
To subpoena information from a third party, an individual must make a filing with the court.
If you wish to do that, you can contact the Clerk of Court's Office a form should be available. If one is not available, you'd need to draft the document yourself unless you retain an attorney to do so.

As a criminal defendant, you really need to retain an attorney. Your attorney will represent you and handle these things for you. If you can't afford one, you can ask the court to appoint one and the court will do so.

I know that this answer may not be entirely what you wanted to hear. However, it's the honest truth and I know you want a truthful answer above all. I rely on your honor to earn my living and I hope that you will click accept so that I am paid for my time and effort spent providing this information. If you don't click accept, I don't get paid anything at all.

If you have a follow-up question, please be sure to ask it using the REPLY feature and I will respond as promptly as possible. In some instances, depending on how long you wait to reply, there may be a delay in my response as I may be taking a necessary break from work.

Thank you again for coming to JustAnswer!