You can subpoena witnesses to court if you discover evidence on a mobile phone, and in many cases, the police will also contact relevant witnesses as part of their official investigation—especially if the evidence points to a crimesuch as harassment, stalking, coercive control, grooming, sexual abuse, or illegal surveillance.
Let’s break it down clearly:
🔎 1. If You Discover Evidence on a Mobile Phone
Mobile phones are a goldmine of evidence in both criminal and civil cases. This can include:
- WhatsApp messages
- SMS texts
- Photos or videos
- Call logs
- Location/GPS history
- Voice notes
- Emails
- Screenshots of conversations or abuse
- Social media messages (Facebook, Instagram, Snapchat, TikTok, etc.)
If any of this material:
- Involves another person,
- Supports your case, or
- Shows illegal behavior by someone else,
…it may justify the subpoena (citación judicial) of those individuals as witnesses.
🏛️ 2. Can You Subpoena a Witness?
Yes—either you (via your lawyer) or the court can request that witnesses appear and testify in court if:
- They are directly involved in what the phone evidence reveals.
- They have relevant knowledge or were part of the conversation.
- They were present during events shown in images or videos.
- They are mentioned or implicated in the evidence.
Your lawyer will typically:
- Present the mobile evidence to the court or prosecutor.
- Request a citación de testigos (witness summons) for those individuals.
- Submit questions or concerns to the judge.
Witnesses may be:
- Victims
- Bystanders
- Friends, family
- The accused
- Digital experts (to verify authenticity of phone evidence)
👮‍♀️ 3. Will the Police Contact Witnesses from Phone Evidence?
Yes, if the police are investigating a criminal offense, and:
- They examine your mobile device,
- They extract relevant content (e.g., abuse, threats, illegal images, coercion),
- And other people appear involved or mentioned,
…then the police can and often will contact those individuals for questioning, especially if:
- They are suspects.
- They may have seen or heard something relevant.
- Their statements can corroborate your account.
This process becomes part of the instrucciĂłn judicial (pre-trial investigation phase).
🧾 4. How to Strengthen Your Case:
- 📱 Keep the phone intact – don’t delete, edit, or reset anything.
- 📂 Back up the evidence – use secure copies or exports.
- 📝 Make a list of names and phone numbers of people in the messages.
- 📸 Screenshot key conversations (include date, time, names).
- 🔍 Note witnesses you believe should be contacted, and tell your lawyer or the police.
If you’re not working with a lawyer yet, you can still make a formal report (denuncia) and present the evidence directly to:
- PolicĂa Nacional or Guardia Civil
- Unidad de Delitos TecnolĂłgicos
- Or the court (Juzgado de Instrucción) handling your case
⚖️ Spanish Legal Terms That May Be Useful
| Spanish Term | English Meaning |
|---|---|
| CitaciĂłn judicial | Judicial subpoena |
| Testigo | Witness |
| Perito informático | Digital forensic expert |
| Teléfono intervenido | Tapped/intercepted phone |
| Extracto de conversaciones | Conversation extract |
| InstrucciĂłn judicial | Investigation phase |
| Denuncia / Querella | Complaint / Criminal report |
🧠Trauma-Aware Insight
For survivors of trauma, watching witnesses from past abuse or digital harassment be called in can be triggering—but also validating. It gives voice and weight to your lived experience. The system moves slowly, but justice can gain momentum when evidence speaks louder than silence.
