[tsaoutourpants]

@chris_mahan - Not exactly. In a criminal trial, it's the government that needs to prove things, and all you need to do is cast doubt. A showing that your phone was, for example, being used to call your mom at the same time that someone was getting smashed with a sledge hammer might be sufficient to give a jury reasonable doubt. You can call your mom to testify to authenticate the records, too.

[Shivetya]

so that is why prosecutors ramp up the charges and offer you a plea. By the time it rolls to trial those phone records won't be available to bolster you case.

Casting doubt is one thing, prosecutors seem intent they never get in front of a jury and if they do they will do their best to suppress any evidence in your favor.

[tsaoutourpants]

This is true. It's interesting how in order to get your right to a trial, you're basically placing a gamble.