How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Hammer O'Justice Your Own Question

Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4047
Experience:  9 years legal experience, primarily in criminal justice
12176198
Type Your Criminal Law Question Here...
Hammer O'Justice is online now
A new question is answered every 9 seconds

If law enforcements get a subpeona for my text messages about

Customer Question

If law enforcements get a subpeona for my text messages about harrassment are they able to use anything else they find against me?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 1 year ago.
Hello.

If the officers find evidence of other criminal activity while reviewing evidence regarding another case, they are not required to ignore it and can use it even if it is outside of the scope of the original warrant or subpoena. It is like if officers are executing a search warrant for drugs and while looking for drugs uncover an illegal handgun, they are allowed to charge the handgun. It doesn't mean they will, but they can if they lawfully uncover other evidence.
Customer: replied 1 year ago.
My ex gf is filing harrassment charges against me and I'm not even sure what I can do. I however don't want them going through my phone
Expert:  Hammer O'Justice replied 1 year ago.
Well, if they get a warrant there is not much you can do to stop them, but in these cases they rarely do. It is sufficient for the prosecutor's office to prove the case by showing the text messages she received on her phone and something linking you to the phone from which they were sent (i.e. a bill or something with your name and number on it from the telephone provider). They don't need to get a warrant for your phone because presumably she has kept the text messages she received from you and that is enough. So it is not likely they would get a warrant for your phone. Anything is possible, but it is not likely.
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4047
Experience: 9 years legal experience, primarily in criminal justice
Hammer O'Justice and other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.
Only hope for the best what if I change my number now? And can they prosecute me on anything or would there have to be further investigation?
Expert:  Hammer O'Justice replied 1 year ago.
They might not even be able to get the texts regardless because most cell phone companies don't store the texts, just a log. Even if you change your number, (presumably) she still knows your previous number and they can at least subpoena the call/text number log even if they can't get the texts themselves from your end.

If she shows them proof of harassing texts or calls, or even can detail harassing calls, they don't necessarily need to conduct further investigation because that is enough to charge you. They may try to speak with you, but they don't have to. If they do, just be mindful of your rights and that you don't have to speak with them if you don't want to.
Customer: replied 1 year ago.
Thank you very much that is extremely helpful. How can I find out whether or not their truly are charges being pressed? She told me to contact her lawyer is that the only way?
Expert:  Hammer O'Justice replied 1 year ago.
It is up to police to decide whether to file charges, not her lawyer, and the police usually do not disclose that until the deed is done. I would not talk to her lawyer because his interests are hers, not yours, and you might end up saying something that will be damaging to you later.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.
 
 
 
Chat Now With A Criminal Lawyer
Hammer O&#039;Justice
Hammer O'Justice
Criminal Lawyer
4047 Satisfied Customers
9 years legal experience, primarily in criminal justice