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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.
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