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Florida Family Law - Online Article

Can Text Messages Be Used As Evidence In My Case?

Posted on July 17, 2014

Recent Florida cases say yes. In Symonette v. State, 100 So.3d 180 (Fla. 4th DCA 2012), the Fourth DCA concluded that photographs taken of text messages on a cell phone were admissible hearsay evidence (as admissions against interest), and were therefore authenticated sufficiently so as to allow them to be introduced as evidence at a murder trial. Even more recently, the Florida Supreme Court went a step further in Jean–Philippe v. State, 123 So.3d 1071 (Fla.,2013), to hold that text messages on a husband’s phone could be introduced into evidence and were not hearsay (where they were not offered to prove the truth of the matter asserted) but were instead offered to show a course of conduct by the husband and to establish his motive for killing his wife. The moral of this story? Be very conscious of what you are texting, emailing and posting to Facebook – it could very well be used as evidence against you in a future court case

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