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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 100501
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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If your accused on sending text from your number but you

Customer Question

if your accused on sending text from your number but you know that the other party used a third party to falsify the text and you've asked for the text records be subpoena will that show up ?
JA: Because laws vary from place to place, can you tell me what state the subpoena was issued in?
Customer: west virginia
JA: Have you talked to a lawyer yet?
Customer: No just the person that's doing the investigation it's a investigation through my job
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 3 months ago.
Category: Criminal Law
Expert:  Ely replied 3 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Depends on what company the individuals use for their cell phones. See HERE. Most cellular companies only retain the actual message a few days. Metadata such as who sent whom and when can be saved a little longer.

The point is that the subpoena is unlikely to show the actual text message. However, various metadata such as IP, text message headers, etc, may still not have been deleted by the time the subpoena is received, and they may help corroborate the claims.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 3 months ago.
will it show the time the text were sent and the number but not the actual message
Expert:  Ely replied 3 months ago.
How long ago were the texts sent and what is the cellular carrier used, please?
Customer: replied 3 months ago.
Sprint and it was around August
Expert:  Ely replied 3 months ago.
will it show the time the text were sent and the number but not the actual message
LIKELY yes, as latest information states that Sprint retains this data (but not the text message itself) for 18-24 months.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 3 months ago.
Okay so i shouldn't be worried basically i was accused of sending a text and it wasn't me i have someone trying to get me in trouble but i'm pretty sure they used a texting app that you can replace the number
Expert:  Ely replied 3 months ago.
Well, understand that a subpoena is only available with a lawsuit. Without a lawsuit, this is not an option.
But assuming somehow you do get the records, then yes, they can verify if something was sent from your phone 2-3 months ago, and to whom, and when. Not WHAT was sent (text is lost), but the to whom and when, yes.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 3 months ago.
With verifying being sent you mean the message time and date ?
Expert:  Ely replied 3 months ago.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 3 months ago.
subpoenas are only used for lawsuits not for criminal charges ?
Expert:  Ely replied 3 months ago.
My apologies for the wait. I had gone offline for a bit when you had replied last.
If there is a lawsuit, there can be a subpoena filed by Plaintiff or Defendant. If there is a criminal charge, then there can be a subpoena as well (by the prosecutor or the defense attorney).
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 3 months ago.
Your fine everyone needs a break. what evidence is required for a subpoena?
Expert:  Ely replied 3 months ago.
I was offline for the evening when you had replied last.
Provided that there is some kind of civil or criminal matter, no "evidence" is needed. As long as the information sought in the subpoena is relevant to the case, the subpoena may be filed.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 3 months ago.
if you are being questioned by a officer do they need to read your rights? Even if they say it just a interview
Expert:  Ely replied 3 months ago.

Morning. This follow up is outside the vein of the original topic. Thus, it requires its own thread.

If you can open up a new thread to ask this question, I would very much appreciate it. Thanks! (Or, I can opt out - let me know.)

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