Nearly everybody communicates through text messages, even about the most private matters.  But can you always keep your text messages private?  Not necessarily.

Be aware that if you are a defendant or a material witness, attorneys working either side of a criminal case can subpoena your phone records—and that includes your texts.  At that point, attorneys on both sides may be reading your private thoughts.  And if a judge decides that the text messages fall into an exception to the hearsay rule (for example, if you confessed to the crime), then those statements may be used against you in open court.

If you are a defendant, your attorney can try to keep as much of your private information out of court as possible by either requesting an order protecting the information or objecting to evidence admitted against court rules.  If you are a third party, you might consider getting your own attorney to look out for your interests.

 If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

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