misdemeanor?

[ramensandwich 1]

so here's the deal. theres this kid that gets on everyones nerves, so me and my buds all make a myspace for him, saying he's gay, stupid, the usual stuff. well somehow it got traced to us, and they're charging us with some crap called cyberstalking. i have to drive up to the PD tomorrow to get my charges.

anyhoo, this is a misdemeanor, and i was wondering to you "experienced" fellas, will i likely end up spending the night in jail or just signing a promise to appear in court?

[Monty22 829]

lawyer up.

[RadioGaGa 162]

You might want to read up on that "crap" before you get there tomorrow.

http://www.crimelibrary.com/criminology/cyberstalking/

[cxo 0]

If this is the full-story it sounds more like it should fall under slander rather than stalking. Kind of stupid either way.

[gxc999 7]

so here's the deal. theres this kid that gets on everyones nerves, so me and my buds all make a myspace for him, saying he's gay, stupid, the usual stuff. well somehow it got traced to us, and they're charging us with some crap called cyberstalking. i have to drive up to the PD tomorrow to get my charges.

anyhoo, this is a misdemeanor, and i was wondering to you "experienced" fellas, will i likely end up spending the night in jail or just signing a promise to appear in court?

Let me preface by saying I'm a current law student. If this is the whole of it, then there is no basis for a cyberstalking claim. This is a fairly new field of law, so it is open to interpretation. If you can PM me, and tell me which state you're in, I can look up the applicable state statute, and attack it via plain meaning under Black's Law Dictionary. If you engaged in any other acts that may constitute stalking whatsoever, you need to disclose them to us (this means attorneys and others who are helping you prepare your defense, obviously!), otherwise any information we give you may be useless.

Moreover, I would guess this kid's family has connections somehow to either the police or DA's office. If so, this whole thing is clearly unethical.

[usahockey22 0]

I believe that in order for a "cyberstalking" charge to stick, the prosecution would have to prove that not only did you harass this person online, but that you also clearly made some kind of threat online that would make this person fear for his/her safety. If you did make any kind of threats, or other comments that would make this person afraid, then there definitely is a basis for cyberstalking, depending on the state...if this is not the case, then defamation would be a possibility, though it's pretty hard to prove that some kid actually suffered damages from this, and I doubt they would go for it.

My advice...delete everything that you wrote about this kid, and don't disclose anything else about this online (I would delete your original post as well)...this is all public domain and can be used against you in a case. Talk to a lawyer immediately. You don't want to have "cyberstalking" on your record if you didn't actually do it. Don't just go in there like a sap and take it.

[RadioGaGa 162]

My advice...delete everything that you wrote about this kid, and don't disclose anything else about this online (I would delete your original post as well)...this is all public domain and can be used against you in a case. Talk to a lawyer immediately. You don't want to have "cyberstalking" on your record if you didn't actually do it. Don't just go in there like a sap and take it.

Now the extent of my legal/criminal knowledge is drawn from CSI, Homicide: Life on the Street and the occasional episode of COPS, but assume that someone has a screen capture or copy of what was posted, and then it gets erased, that could be seen as destroying evidence, no?

At the very least it could be seen as the acts of a guilty person...

But, I'm no Nick Stokes.

[ramensandwich 1]

well i haven't been charged yet, thats coming tomorrow and i'll set my court date. i don't have resources for a lawyer, but i am eligible for a court-appointed attorney. however i appreciate any help you guys can give me as advice.

[gxc999 7]

well i haven't been charged yet, thats coming tomorrow and i'll set my court date. i don't have resources for a lawyer, but i am eligible for a court-appointed attorney. however i appreciate any help you guys can give me as advice.

I just PM'ed you. Ask for a public defender ASAP.

[Chadd 916]

My advice...delete everything that you wrote about this kid, and don't disclose anything else about this online (I would delete your original post as well)...this is all public domain and can be used against you in a case. Talk to a lawyer immediately. You don't want to have "cyberstalking" on your record if you didn't actually do it. Don't just go in there like a sap and take it.

Now the extent of my legal/criminal knowledge is drawn from CSI, Homicide: Life on the Street and the occasional episode of COPS, but assume that someone has a screen capture or copy of what was posted, and then it gets erased, that could be seen as destroying evidence, no?

At the very least it could be seen as the acts of a guilty person...

But, I'm no Nick Stokes.

If they're going to file charges and don't have a hard copy of the website, they are the dumbest prosecutors in the world.

[kosydar 0]

If I was being charged with a crime, especially an internet crime, I wouldn't go around admitting to it online.

[gxc999 7]

He said they had a hard copy of it, so denying would do him little good. I advised him to attack the language of the statute...

[mack 44]

I hope you get appointed this guy:

[Wolfpack_1986 154]

Let me preface by saying I'm a current law student.

If you engaged in any other acts that may constitute stalking whatsoever, you need to disclose them to us, otherwise any information we give you may be useless.

Worst advice ever, law boy. Dont disclose a damn thing on the forum. It would only add to evidence that you did what you did.

Keep your mouth shut and lawyer up.

ETA: see i was beaten to it a few times.

[gxc999 7]

Let me preface by saying I'm a current law student.

If you engaged in any other acts that may constitute stalking whatsoever, you need to disclose them to us, otherwise any information we give you may be useless.

Worst advice ever, law boy. Dont disclose a damn thing on the forum. It would only add to evidence that you did what you did. < This genius ignores the fact he already copped to what they allege he did>

Keep your mouth shut and lawyer up.

ETA: see i was beaten to it a few times.

Wow, you're a moron. You can disclose what you did to counsel (even people you think are lawyers but aren't), it's called privilege. I had already spoken to him via PM and obviously wasn't asking him to refer to any specific incidents. We simply have to know if there are any other issues that might be construed as such, however loosely. I do love half-assed civilians who watch law and order and think they know things.

Moreover, if there were any other incidents alleged, they would just filch through his PC. The whole "denial always works best theory" is true sometimes, it's not absolute. Shows what you know, jagoff.

[cxo 0]

Since they already have hard copies of the incident (as also stated above) I don't really see why it's going to hurt him a lot further. Still maybe not the greatest idea, but we aren't talking about a murder here.

[JR Boucicaut 3789]

Let me preface by saying I'm a current law student.

If you engaged in any other acts that may constitute stalking whatsoever, you need to disclose them to us, otherwise any information we give you may be useless.

Worst advice ever, law boy. Dont disclose a damn thing on the forum. It would only add to evidence that you did what you did.

Keep your mouth shut and lawyer up.

ETA: see i was beaten to it a few times.

by us he means lawyers, not MSH.

[gxc999 7]

Let me preface by saying I'm a current law student.

If you engaged in any other acts that may constitute stalking whatsoever, you need to disclose them to us, otherwise any information we give you may be useless.

Worst advice ever, law boy. Dont disclose a damn thing on the forum. It would only add to evidence that you did what you did.

Keep your mouth shut and lawyer up.

ETA: see i was beaten to it a few times.

by us he means lawyers, not MSH.

thanks JR, we can count on you to always point out the common sense to the not so bright :D

[RadioGaGa 162]

n/m...should've read 2 posts up first!

Carry on.

[mack 44]

Fuck, I need to delete about half my posts.

[RadioGaGa 162]

Fuck, I need to delete about half my posts.

Are you talking about this thread or overall *L*

[mack 44]

It's too litigious a world to live in, I think I need to get rid of them all.

[Wolfpack_1986 154]

by us he means lawyers, not MSH.

thanks JR, we can count on you to always point out the common sense to the not so bright :D

*edit out... misunderstanding between us*

Not so bright? ok. sure. works for me.

[cxo 0]

Not so bright? ok. sure. works for me.

And for the rest of us :lol:

[ramensandwich 1]

well guys, as the original post stated, i was more concerned about the procedure for getting booked on a misdemeanor than the actual defense itself.

thanks for the replies, but lets not go getting at each other's throats. some of us have different attitudes than others and lets just go along and get along.

thanks guys.