In the digital age, one of the most common pieces of evidence in criminal cases is the text message. If you are facing charges or advising someone who is, it’s crucial to know how to authenticate text messages for court. In Maryland — including Prince George’s, Charles, Calvert, and St. Mary’s Counties — both prosecutors and defense attorneys must meet specific evidentiary standards before a text message can be admitted into evidence. This post explains how authentication works and what steps you can take to strengthen or challenge text message evidence.
Key Questions People Ask
When clients ask about using texts in court, they usually want to know:
- How do you prove that a text message was really sent or received by the person claimed?
- What foundation is required for text messages to be admitted in Maryland courts?
- Are text messages hearsay, and if so, when are they admissible?
- What practical steps are needed to preserve, collect, and present text messages?
- What common objections or weaknesses exist when relying on text-message evidence?
Legal Rules and Concepts
Below are the main Maryland rules and legal ideas that control how text messages are handled in court:
- Authentication: Maryland Rule of Evidence 5-901 requires proof that the text “is what the proponent claims.” Courts apply a “reasonable juror” test to decide whether the evidence is authentic.
- Foundation: Maryland Rule 5-104 governs the judge’s preliminary decision about admissibility. The proponent must show the message was actually sent or received by the identified person.
- Hearsay: Maryland Rule 5-801 defines hearsay and its exceptions. Texts offered for their truth may be hearsay; those offered simply to show that a statement was made can fall outside the rule.
- Original Writings: Rules 5-1001 through 5-1008 address original electronic evidence, duplicates, and best-evidence concerns.
- Prejudice and Relevance: Rule 5-403 allows the court to exclude evidence if its probative value is outweighed by unfair prejudice or confusion.
Step-by-Step: Authenticating Text Messages
Step 1: Preserve and Collect Evidence
- Tell your client not to delete relevant text messages. Deleting can lead to accusations of destroying evidence.
- Secure or image the device as soon as possible to capture metadata, timestamps, and delivery information.
- Export the relevant text threads showing sender, recipient, phone numbers, and date/time stamps.
- Subpoena or request service-provider records to confirm account ownership and text logs if necessary.
Step 2: Link the Device or Account to the Person
- Establish that the phone or account belonged to the alleged sender or recipient at the relevant time.
- Present testimony from the officer or expert who seized or analyzed the device.
- Use circumstantial details: saved contact names, nicknames, or message content unique to that individual.
Step 3: Authenticate the Content
- Under Rule 5-901(b), authentication can be shown through testimony or by distinctive characteristics.
- Ask a witness if they sent or received the message. If they admit it, authentication is straightforward.
- If not, use context clues and metadata to show the message came from that person’s device.
- Present extraction reports, chain-of-custody documents, or forensic analysis to show the data was not altered.
Step 4: Address Hearsay and Relevance
- Decide whether the text is offered for its truth or simply to show communication occurred.
- Argue relevance: the message must relate to an issue such as motive, identity, or intent.
- Be ready to respond to challenges under Rule 5-403 if the content could unfairly prejudice the jury.
- Follow the best-evidence rules when submitting printed or digital copies of texts.
Step 5: Admit the Evidence at Trial
- Lay the foundation on the record: identify the device, extraction method, and account owner.
- Offer the text printouts or screenshots as exhibits.
- The judge decides whether a reasonable juror could find the text is authentic; if so, the jury weighs its credibility.
Final Thoughts
Authenticating text messages for court is now an essential part of modern criminal defense. Maryland courts require a solid link between the device, the sender, and the content. Meeting that standard — and addressing hearsay, relevance, and best-evidence issues — can decide whether the jury ever sees the messages at all.
If your case involves text-message evidence in Prince George’s, Charles, Calvert, or St. Mary’s County, it’s important to work with a defense attorney experienced in handling digital evidence from start to finish. Proper preservation, authentication, and presentation can make or break your defense.
