Legal Question in Criminal Law in California

You really have to take each situation on it's own merit, when determining the relevance of evidence in a specific case. Generally, I'm not sure about what you're asking, because although I have used e-mail evidence I have never attempted what you are referring too. However it would be difficult to lay a foundation for the evidence to come in.

If I were on the other side I would object, as to the foundation and as to the incomplete information. Especially, if the information regarding the details of the email were not available or not part of the evidence, such as date, time, sender and receiver or any other information I thought was relevant to either the admissibility of the evidence or to the issue the evidence was being used for. It really depends on the situation and in what context you're talking about.

If you have an attorney and are seeking to show him evidence regarding your case, show it to him and do not worry or even think about whether or not it is admissible. It can lead to all kinds of information that would be admissible. If you believe you have evidence or access to evidence that indicates anything about a specific case, it can be relevant. If you or someone you know is being charged with a crime and the evidence tends to show innocence than by all means bring it forth to the attorney representing the defendant. This is also true for the reverse. If you have been the victim of a crime or someone you know has been the victim of a crime, and you find evidence that indicates innocence or guilt than take it to the DA on the case. It could help the DA or it could help someone falsely accused of a crime. It is impossible in a forum such as this to give you any specific legal information. The information I have provided is based on the general concepts of the law and should not be considered legal advice. This reply in response to your question has not created an attorney client relationship and there is not attorney client privilege as a result of this correspondence.

Good luck

Brian

This is a tough one as you have probably figured out. These can bed traced by IP addresses and other means that come from the SIM card. to your second question more info would be needed but most likely the answer is no as long as SIM card has not been changed. For evidence to be admissible from a third party (ie the cell phone company that delvered the message and/or that sent the message (you may have to have both) it must be certified by the holder of the record as true and accurate. The best method I have found to obtain this is to contact your cell company and ask to speak to the legal department that would accept supeonas - they will kick and scream - so just immediately ask for a supervisor and tell them you need to subpeona a legally certified record for your cell phone. When you get to the correct party tell them what you need. Make sure to save your copy also with date and time and any other info you have - you need to do this fast as they purge the files and some companies, once delivered keep no record. You will likely need the court to issue a subpeona for each cell company for the information. SOME courts - such as small claims have the discretion and will take your phone and look at it as evidence but it can be objected to. NOTE in order to have a subpeona issued you have to have a case that is filed and the court must issue it unless you have a lawyer. You would be best to issue a subpeona for both cell companies. For more detailed info - re-issue this as a paid question so the person can ask you questions and you can reply or look up or buy the NOLO press book at your local library or online as to how to sue someone - it will contain directions.

Good luck