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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4498
Experience:  Almost 12 years of legal experience, primarily in criminal law
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If law enforcements get a subpeona for my text messages about

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If law enforcements get a subpeona for my text messages about harrassment are they able to use anything else they find against me?

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 4 years 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
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.
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Customer: replied 4 years 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?
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 4 years 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?
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.

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