Text messages are often at the center of domestic violence cases in Colorado. Prosecutors and defense attorneys alike use them to build their arguments. But how exactly do text messages function as evidence in court? At Bruno Lilly LeClere, PLLC, we have extensive experience defending clients accused of domestic violence, including those facing allegations based on digital communications. If you are dealing with a domestic violence charge in Greeley or Weld County, call us at (720) 340-1373 for immediate legal assistance.
Are Text Messages Admissible in Court?
Yes, text messages can be used as evidence in domestic violence trials. However, they must meet specific legal requirements to be admissible. Courts in Colorado generally consider text messages valid evidence if they are:
- Authentic – The prosecution must prove the messages came from the accused and were not altered.
- Relevant – The texts must be directly related to the case.
- Obtained Legally – Texts obtained through illegal methods, such as hacking, may be inadmissible.
- Not Hearsay or Meet an Exception – Courts often classify text messages as hearsay, but they may be allowed under exceptions, such as admissions of guilt or excited utterances.
How Are Text Messages Used in Domestic Violence Cases?
Text messages can serve as both evidence for the prosecution and defense.
- Prosecution’s Use: The prosecution may introduce threatening or harassing messages as proof of intent or a pattern of abusive behavior. They may also use apologetic messages from the accused as implied admissions of wrongdoing.
- Defense’s Use: The defense may argue that texts are being taken out of context, fabricated, or misinterpreted. Messages can also support a claim of self-defense, mutual conflict, or false accusations.
Challenges in Using Text Messages as Evidence
While text messages can be powerful, they also present legal challenges:
- Authentication Issues: The sender must be confirmed, which can be difficult if multiple people had access to the device.
- Out-of-Context Interpretation: Messages may not reflect the full conversation or relationship dynamics.
- Fabrication & Manipulation: Screenshots can be easily altered, and fake messages can be created using spoofing apps.
- Hearsay Objections: Unless the message falls under an exception, it may not be admissible in court.
How Bruno Lilly LeClere, PLLC, Can Help
At Bruno Lilly LeClere, PLLC, we understand the role digital communication plays in domestic violence cases. We thoroughly examine all evidence, including text messages, to ensure our clients receive a fair trial. If you are facing domestic violence charges in Greeley or Weld County, our criminal defense attorneys can assess whether the prosecution’s text message evidence is legally admissible and build a strong defense on your behalf.
Call Us Today for a Confidential Consultation
If you are accused of domestic violence and text messages are being used against you, don’t face the legal system alone. Contact Bruno Lilly LeClere, PLLC, at (720) 340-1373 to discuss your case. We are ready to fight for your rights and ensure you get the best possible defense.