Can Texts Be Used Against You in Court?
John Fitzpatrick Jr

In today’s world, text messaging is second nature. A casual message sent in the heat of the moment could become a focal point in a courtroom. For clients throughout Raleigh, Durham, and surrounding North Carolina communities, it’s crucial to understand how your digital conversations can impact your legal case.

At the Law Office of John Fitzpatrick, we often hear questions like: “Can my texts be used against me?” or “Do deleted messages still exist?” The answers can shape the outcome of your case.

Can Text Messages Be Used as Evidence?

Yes, they can—and often are.

In North Carolina courts, text messages are admissible as evidence if they meet three key criteria:

  • Authenticity: The text must be linked to a specific individual or device.

  • Relevance: It must have a direct connection to the legal matter at hand.

  • Compliance: The collection and presentation of the text must follow North Carolina evidentiary laws.

Whether you're facing criminal charges, a civil suit, or a family court issue, text messages can be introduced by the opposing side to establish motive, intent, or behavior.

 

Are Text Messages Really Private?

Not always. While we may assume our messages are secure, the reality is that texts can be accessed legally through subpoenas or search warrants. Even if you didn’t share a message, the other person involved may have—and that could be all it takes.

In criminal defense cases across Durham, Wake, Orange and Person Counties, we’ve seen messages retrieved from cloud backups, shared plans, or third-party apps. If it’s out there, it could come back into the courtroom.

Screenshots Aren’t the Gold Standard

Think a screenshot will protect you? Think again. While convenient, screenshots can be altered, cropped, or taken out of context. Courts generally prefer original data with complete metadata for credibility and traceability.

When our team at the Law Office of John Fitzpatrick examines evidence, we often scrutinize the source, formatting, and chain of custody for all digital records—including texts.

 

What About Deleted Messages?

Deleting a message doesn’t make it disappear forever. If law enforcement or forensic experts access your phone soon after deletion, those messages may be recoverable. Worse yet, deleting messages post-incident can raise red flags and appear as an attempt to destroy evidence.

If you’re involved in a criminal investigation in Raleigh or Durham or surrounding counties, always consult with a qualified attorney before making any decisions about your digital data. We invite you to give us a call. 

When a Harmless Message Gets Misinterpreted

You meant it as a joke—but the court doesn’t see it that way. Sarcasm, slang, or vague comments can easily be misconstrued when taken out of context. What seemed like casual banter could be reframed as a confession, threat, or intention.

This is why we encourage clients to think before hitting send. A moment of venting could become a powerful exhibit for the prosecution.

Can You Challenge Text Evidence?

Absolutely. At the Law Office of John Fitzpatrick, we’ve successfully challenged the use of text messages in criminal trials and civil hearings by:

  • Arguing improper or illegal data collection

  • Questioning authorship of the message

  • Providing context that changes the message’s meaning

  • Disputing the credibility of the source

If you’re facing charges and concerned about how texts might be used against you, our Raleigh and Durham criminal defense team is ready to help.

How to Protect Yourself Going Forward

Here are a few smart habits to adopt:

  • Pause before you send emotionally charged or personal messages

  • Keep your phone secure with passwords and encryption

  • Do not delete messages if you think you might be under investigation

  • Consult with a defense attorney if you’re unsure how texts might be used

Being cautious with your digital footprint could protect you from future legal complications. Remember, text messages are powerful—but so is a strong defense.

 

In a FIX? Call on FITZ!

 

If you're facing legal trouble and are unsure how your texts could impact your case, contact the Law Office of John Fitzpatrick today. With deep experience in North Carolina criminal law, we're here to help you protect your rights and your future.

 

Visit www.callonfitz.com or call for a confidential consultation.