Can Text Messages Be Evidence?

Yes. Text messages can be used as evidence in a Massachusetts criminal case if they are relevant and properly authenticated. A text message, screenshot, call log, voicemail, email, or social media message may become part of a case involving threats, harassment, domestic disputes, restraining orders, no-contact orders, assault allegations, or other criminal charges.

That does not mean every screenshot or message is automatically accepted as reliable. The court may need to determine whether the message is what the prosecution claims it is, who sent it, whether the conversation is complete, and whether the evidence has been presented properly.

How Are Text Messages Authenticated in Massachusetts?

The Massachusetts Guide to Evidence explains that electronic or digital communications may be authenticated by confirming circumstances that would allow a reasonable fact finder to conclude the evidence is what the proponent claims it to be. You can review the official rule here: Massachusetts Guide to Evidence Section 901.

In practical terms, this may involve looking at details such as the phone number, contact name, surrounding conversation, timing, photos, admissions, witness testimony, device records, or other facts connecting the message to a specific person.

Can a Screenshot Be Challenged?

Yes. A defense attorney may challenge whether a screenshot is complete, accurate, altered, taken out of context, or actually connected to the defendant. Text-message evidence may raise several questions, including:

• Who had access to the phone or account?
• Is the full conversation available?
• Were messages deleted before or after the screenshot?
• Does the screenshot show the date and time?
• Can the prosecution prove who sent the message?
• Does the message mean what the prosecution claims it means?

Why Text Messages Matter in Criminal Cases

Text messages are often used in cases involving alleged threats, harassment, domestic violence, restraining order violations, no-contact order violations, and witness issues. Sometimes the message is the main evidence in the case. Other times, it is only one piece of a larger story.

Context is extremely important. A single message may look different when the full conversation is reviewed. What appears threatening in isolation may have been sarcastic, emotional, incomplete, provoked, misunderstood, or part of a longer exchange.

Text-message evidence may also overlap with assault-related allegations or restraining order issues. For related information, review our FAQ on your rights if arrested for assault and battery and our post on how restraining orders affect assault and battery cases.

What Should You Do If Text Messages Are Part of Your Case?

Do not delete messages, contact the alleged victim, or try to explain the conversation without legal advice. If there is a no-contact order or restraining order in place, responding to a message can create additional problems even if the other person contacted you first.

If police are asking about your messages, you should be careful before making a statement. Our article on whether you should talk to the police if you are innocent explains why speaking too soon can sometimes create additional problems.

If text messages are being used against you in a Massachusetts criminal case, The Law Offices of Elliot Savitz and Scott Bradley can review the evidence and help you understand your options. Contact us today to discuss your situation.

Legal Disclaimer: This FAQ is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different, and you should speak with a Massachusetts criminal defense attorney about your specific facts.