The Admissibility of Text Messages in Florida Courtrooms

The use of text messaging has become so common in our daily lives that it’s easy to forget their growing prevalence in courtrooms. We all have them. The short bursts of communication that inform, warn, you’re running late, or please bring milk after work. They’re a mainstay of modern life. Yet, when they’re introduced into a courtroom, things tend to get complicated, quickly. This is especially true in the state of Florida where the comprehensive approach to text message admissibility in legal proceedings varies significantly from other states.

In Florida, evidence used in court must meet strict standards to be considered admissible. The text message must clearly come from the person who produced it. Additionally, there must be a record showing the date and time it was sent. Many people use apps that conceal this important information. Text message evidence must also be relevant to the case at hand. In many cases, the proof needed for this element is lacking. In order to keep text messages out of the courtroom, litigants often do everything they can to stop their use, which can lead to desperate efforts to keep the information away from the judge. There’s also the possibility that text message evidence will be misrepresented as greater than it is. Everyone reading them has their own point of view on what is being communicated. Misrepresentation of meaning can change the entire context of a message. These issues aren’t exclusive to Florida courts. In fact, most states tend to focus on the authenticity and relevance of text message evidence, much like this state. Most states find that all text message evidence fits these standards. However, in Florida, evidentiary standards are stricter due to the state’s specific relevancy test. All text message evidence must be highly relevant to the case. If someone produced a single text message about a car crash a few years ago, that would not be considered highly relevant.

Many clients don’t realize the difficulty judges can have with determining the meanings and contexts of text messages. One text message can have multiple meanings due to the inferring of emotions and even sarcasm. For example, the simple phrase “I love you!” can be used ironically. For many judges, text messages can be difficult because it’s harder to determine inferring emotions through words than during a face-to-face conversation. Many judges know this and often try to keep text messages out of the courtroom. However, the Florida courts are much stricter on the presentation of text message evidence, making it difficult for jurors to see this information from a different perspective. Part of improving the courtroom process for judges includes having a thorough understanding of how to present evidence. Jurors need to see how the evidence was produced and displayed, and lawyers always need to establish the context of the message. To do so, many lawyers turn to their marketing agencies for help.

Marketing agencies can provide law firms a variety of services that allow them to effectively present digital evidence and engage jurors. It’s important for marketing agencies to understand how proof gets into a courtroom and how it works within the judicial system. For example, it helps immigrants to the field of law to consider the following strategies: Why does this matter? Because a lawyer who works with a marketing agency generally comes to understand the most effective ways to display text message evidence. Most lawyers will have to reintroduce the text message evidence into the courtroom, which can slow down the courtroom process. Text messages have an increasingly strong effect on courtroom settings. Unfortunately, this is often due to concerns about privacy and rights. Many people clearly mark their privacy settings to avoid their personal information being exposed. Some people read messages that don’t belong to them and assume that they are reported improperly. This can make people apprehensive about allowing text message evidence to be presented in courtrooms. Luckily, the presentation of text message evidence often helps to put people at ease. Most jurors are able to separate themselves from the situation and view the evidence clearly. However, many problems can arise when the text messages are used out of context, which is why most states allow for such evidence to be used only under strict circumstances.

It’s important for lawyers to point out to the judge that various interpretations of a text message exist in the courtroom. Lawyers know that jurors are able to distinguish between meanings, especially when the evidence is presented in a way that is easy to understand. When legal experts understand this, the courtroom process can better facilitate juror understanding. At this point, it’s easy to see that there’s a major gap between those who have great understanding of the courtroom system and those who don’t. In some cases, this can lead to tensions between lawyers and judges. Lawyers may not understand why judges make their decisions about text message evidence. However, when lawyers take the time to find out about the restraining factors on the courtroom, they can better assist the judge with making more informed decisions. Shaparak Marketing specializes in content marketing that educates other marketing agencies in law. When an agency understands the situation well, it’s easier for it to work with the lawyers in a way that allows them to better present evidence. Well-educated lawyers are able to make the presentation of digital evidence easier, which gives jurors the ability to learn more about the evidence on display.

Text messages are likely to remain major players in legal systems across the country, including in Florida. With new technology also becoming readily available on a regular basis, judges will find it easier than ever to present digital evidence. However, many of these changes won’t be highly beneficial unless lawyers understand how to present this evidence effectively. Lawyers who want to understand the process of presenting text message evidence should contact a marketing agency to find out more about how they can present this information to their clients. This gives lawyers the ability to better understand the situation and help jurors to better understand the evidence before them.