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charged with possession based ONLY on a few text messages

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notguilty2756

Junior Member
What is the name of your state (only U.S. law)? Washington

So, I found out recently that i'm being charged with Use, possession, manufacture, or distribution of marijuana, narcotics, or other controlled substances, and drug paraphernalia. This was news to me as I had never talked to any police recently and so I called the authorities and they said they had a number of encrypting text messages between my phone and a drug dealers. The messages go like this:

"Hey dude, can I get an eighth?"
"i'm busy now, i'll hit you up later"

...a few hours later "you still want that"

"yup"

thats all they have on me and they're trying to charge me with possession. Is there anything I can do, any cases I can cite as precedent for lack of evidence?
They got these messages off of the dealers phone when they busted him.
 


HomeGuru

Senior Member
What is the name of your state (only U.S. law)? Washington

So, I found out recently that i'm being charged with Use, possession, manufacture, or distribution of marijuana, narcotics, or other controlled substances, and drug paraphernalia. This was news to me as I had never talked to any police recently and so I called the authorities and they said they had a number of encrypting text messages between my phone and a drug dealers. The messages go like this:

"Hey dude, can I get an eighth?"
"i'm busy now, i'll hit you up later"

...a few hours later "you still want that"

"yup"

thats all they have on me and they're trying to charge me with possession. Is there anything I can do, any cases I can cite as precedent for lack of evidence?
They got these messages off of the dealers phone when they busted him.
**A: and what else? Ther e is more to this story.
 

notguilty2756

Junior Member
literally, thats it. there's no more to this story. theres a few more messages, like "where do you want to meet", things like that. But I would think that's irrelevant.
 

notguilty2756

Junior Member
those are the facts, but i'm having trouble coming up with a good defense because it looks like text messages usually hold up as evidence in court. However, all the cases I'm finding are when texts are used as a supporting body of evidence, not the only evidence.
 
This is a factual issue. What do you think a jury of retired governmental workers will find?
Ive sat on a mock jury with people who participate in putting people in prison every day and you wouldnt believe what a night mare even they were. They are not ever predictable, no one trusts them.

For the OP, who says they are charging you?

The police? They are using ruse to get you to talk yourself into jail. Dont talk to them and get a lawyer. If its what you say, that is as flimsy as i've ever heard. Dont think you are smarter than them and tell a good story.. Invoke your rights and dont talk AT all without an attorney.

If the DA is actually charging it.. plead not guilty and get the lawyer. I think the cops are goofing with you because a lot of dummies talk themselves into jail at the slightest opportunity.
 

FlyingRon

Senior Member
They can come and say they are going to charge you. They will ask nicely to answer some questions, but that you're not YET under arrest (this is cutely done to avoid letting you know that you really should be remaining silent and talking to a lawyer first). They don't even need a reason to do this.

To file charges only needs probable cause (so far even that is weak in what you have said). But there's probably more, how did they come into possession of your text messages?

To convict requires "beyond a reasonable doubt" but you're not at trial yet.

As others say, decline to talk to them.
If arrested, keep your mouth shut until your lawyer is present.
If charged, get a lawyer immediately.
 

aeongray

Junior Member
Regarding these messages it would be prudent to say I do not recall these in particular. You could cite the fallibility of a cell phone text message, friends, girlfriend, etc pretty much anyone could have sent those messages. What in specific clearly implicates yourself and this other person?

As you mentioned earlier text messages are often used as supporting evidence, but rarely as the main body of evidence. It's typically used in conjunction with a physical action or an arrest. But as you mentioned earlier you had no such contact with the police. Sounds to me they're just trying to get you to talk yourself into arrest, just like what others have said.
 

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