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Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
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Experience:  Licensed attorney with 28 yrs. exp. in criminal law
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I have filed charges against someone for telecommunications

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I have filed charges against someone for telecommunications harrassment. Just so I have all my ducks in a row for trial, can the courts or attys retrieve old txt msgs ftom 2years ago? There are several I deleted not realizing it wasn't going to stop and I would have to press charges. The phone I had at the time did not have a sim card. Help?
Submitted: 12 months ago.
Category: Criminal Law
Expert:  Marsha411JD replied 12 months ago.
Hello,

Thank you for the information and your question. Yes, the prosecutor could subpoena your phone records and the phone company should have those records for the last two years.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Customer: replied 12 months ago.

Ok thanks however when i called, the phone company said they could not go back that far even with court order?? Just trying to clarify

Expert:  Marsha411JD replied 12 months ago.
Well, unfortunately at this point each carrier is retaining records of texts for different time periods. Can you tell me what carrier you use and maybe I can see what their official statement is?
Customer: replied 12 months ago.

Verizon then but now I have att. I have saved messeges from att but none from verizon and those would be the ones from approx 2 years ago.thank you!

Expert:  Marsha411JD replied 12 months ago.

It does look like Verizon on retains the text message detail for a rolling period of one year. However, they do retain bills (which should show incoming text and call numbers) for 3-5 years. So, with Verizon, they won't have the content or detail for anything past 1 year, but the State might be able to use the frequency of the incoming calls, that they can still get from prior period. However, if this has been ongoing, then the two year old texts won't make a huge difference in the case, and you can testify to their general content, as long as the prosecutor can establish that those records are no longer available.

It looks like AT&T keep their records for a very long time, so they wouldn't be the issue. Just Verizon.

Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17018
Experience: Licensed attorney with 28 yrs. exp. in criminal law
Marsha411JD and 6 other Criminal Law Specialists are ready to help you
Customer: replied 12 months ago.

Ok thank you for your help. They may not even care anout the messages from 2 years ago anyways since we have plenty that is recent. I just wanted to get what I could together, so judge would take all into acct when sentencing him. Thanks again

Expert:  Marsha411JD replied 12 months ago.
You're welcome and best of luck to you.

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