misdemeanor?

[usahockey22 0]

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.

The evidence would already have been collected (saved on a disk in this case) to press the charges. It would just be a good idea for him to delete the stuff anyway, as it wouldn't look really great in court if the website is still up and running with various people ragging on this other kid, just as if he didn't take the hint that it was offensive. Also any other cases of internet harassing/threatening/defaming that are out there would be good to delete if you haven't done so already.

[gxc999 7]

The site was taken off but the cops have a copy, apparently. As for me and the other dude, misunderstanding. I should've been more clear early on when I said us, NBD.

[Rustpot 1]

Back in high school one of my class mates made a geocities site (before Myspace BS) making fun of a fellow classmate.

My name appeared on the site in a form of a quoted conversation between fellow and myself and I was suspended for a day for supporting the harassment even though it was put up without me knowing.

I was only calling him an idiot (in a conversation about him trying to illicit money for his "mafia"), nothing nearly as horrible as what most of the crap on the site was, but my name was there.

This was ~2001, well before most of the internet laws. It was kept within the school as well.

[bbruins8 0]

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.

You won't be thrown in jail. Chances are you will get fingerprinted, and set a court date. Misdemeanors are cake. Ask the scumbag that stole my girl's underwear out of her dryer at school and got caught on camera and charged with two misdemeanors and is still walking around unscathed...he will tell you the same, misdemeanors aint shit. Fucking scumbag...next time I go visit her in NY at school I'm not signing in...I was never there...but that's a different story.

[mack 44]

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.

You won't be thrown in jail. Chances are you will get fingerprinted, and set a court date. Misdemeanors are cake. Ask the scumbag that stole my girl's underwear out of her dryer at school and got caught on camera and charged with two misdemeanors and is still walking around unscathed...he will tell you the same, misdemeanors aint shit. Fucking scumbag...next time I go visit her in NY at school I'm not signing in...I was never there...but that's a different story.

Quoted for evidence.

[RadioGaGa 162]

...next time I go visit her in NY at school I'm not signing in...I was never there...but that's a different story.

Which part of "don't post it on a public website" did you miss *L*

[mack 44]

It's not worth the hassle of righting that wrong, especially since it's a LD relationship and there's a good chance that isn't the only guy who's had access to her panties.

[DamnLocust 0]

Quoted for evidence.

working out a plea, mack?

[usahockey22 0]

I advised him to attack the language of the statute...

I'm not trying to be a dick here, but as a law student you should realize that giving out this type of advice borders on unauthorized practice of law. You shouldn't be giving him any kind of advice or counsel, but as a law student you can use your knowledge of the law and past similar cases (what few there are with cyberstalking) in order to educate him as to what may or may not happen.. There's a big difference between legal advice and legal information.

Anyway, to the OP, talk to the public defender...that's what they are there for. Don't go down without a fight, or at least without exploring your options. Based on the original post, it sounds pretty unlikely that they could build a case of cyberstalking, or anything else. Don't discuss this matter any further with anyone other than an actual lawyer.

[gxc999 7]

I advised him to attack the language of the statute...

Anyway, to the OP, talk to the public defender...that's what they are there for. Don't go down without a fight, or at least without exploring your options. Based on the original post, it sounds pretty unlikely that they could build a case of cyberstalking, or anything else. Don't discuss this matter any further with anyone other than an actual lawyer.

That's exactly what I suggested he do. I appreciate your ethical concern (I'm half robot at this point, any time I'm asked a question, I issue the standard disclaimer "Contact a local practicing attorney etc"), and made sure he knew any advice on my part was somewhat preliminary, but this is a general forum, not an ask the attorney website. Keep in mind a third year law student represented a man on trial for his life, and the Supreme Court (I can't recall which state) upheld it's sufficiency...

[mack 44]

Sue the plaintiff for being a complete pussy.

[gxc999 7]

Sue the plaintiff for being a complete pussy.

Hahaha, that's why I like Mack!!

[usahockey22 0]

That's exactly what I suggested he do. I appreciate your ethical concern (I'm half robot at this point, any time I'm asked a question, I issue the standard disclaimer "Contact a local practicing attorney etc"), and made sure he knew any advice on my part was somewhat preliminary, but this is a general forum, not an ask the attorney website. Keep in mind a third year law student represented a man on trial for his life, and the Supreme Court (I can't recall which state) upheld it's sufficiency...

No worries, I'm sure your ethics are fine and that you just want to help him out.

The issue with UPL is pretty interesting now with all of the "free legal advice" available all over the internet. Discussing this on a message board realistically wouldn't put you at any risk, but you will learn later as an attorney that you have to be very careful about the UPL regulations when it comes to what you and/or your employees or coworkers are doing in regards to a client.

[gxc999 7]

That's exactly what I suggested he do. I appreciate your ethical concern (I'm half robot at this point, any time I'm asked a question, I issue the standard disclaimer "Contact a local practicing attorney etc"), and made sure he knew any advice on my part was somewhat preliminary, but this is a general forum, not an ask the attorney website. Keep in mind a third year law student represented a man on trial for his life, and the Supreme Court (I can't recall which state) upheld it's sufficiency...

No worries, I'm sure your ethics are fine and that you just want to help him out.

The issue with UPL is pretty interesting now with all of the "free legal advice" available all over the internet. Discussing this on a message board realistically wouldn't put you at any risk, but you will learn later as an attorney that you have to be very careful about the UPL regulations when it comes to what you and/or your employees or coworkers are doing in regards to a client.

Right. I appreciate that, and yeah, I hear what you're saying. 1-800 call mister so and so! I often learn a lot when such situations come up, I usually ask one of my Professors. I find it's the best method for learning I've found yet.

[booyaagrandma 4]

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.

Bullies get what they deserve sometimes,try to learn a lesson from this.I'm hoping you see that What you did was wrong and are willing to face the cosequences like a grown up.

[D aka speck 0]

"cyber stalking"... what a joke!

IMO you should be charged with felony identity theft.

I'm not a law student, nor am I lawyer... but I think you're getting off easy with a pathetic misdemeanor.

You're lucky that you get to deal with judges, attorneys and jurors. The guy could kill you and spend a little time in the funny-farm, if he wanted to.

You victimized the guy with a WORLD WIDE audience!

Shame on you!

This site is about hockey, not dumb-assed legal advise for people that do stupid shit, like call attention to an entire planet of depraved, (potentially) pedophile freaks.

You didn't just play a prank on him... you placed his whole family at risk.

My advise... MAN UP!!!!!!

[LkptTiger 1]

The only thing really wrong here is the fact that you and your friends had/have nothing better to do with your time than huddle around your computer and rip on people who probably aren't worth the "trouble."

[Fletch 219]

Sue the plaintiff for being a complete pussy.

:lol:

[D aka speck 0]

"cyber stalking"... what a joke!

IMO you should be charged with felony identity theft.

I'm not a law student, nor am I lawyer... but I think you're getting off easy with a pathetic misdemeanor.

You're lucky that you get to deal with judges, attorneys and jurors. The guy could kill you and spend a little time in the funny-farm, if he wanted to.

You victimized the guy with a WORLD WIDE audience!

Shame on you!

This site is about hockey, not dumb-assed legal advise for people that do stupid shit, like call attention to an entire planet of depraved, (potentially) pedophile freaks.

You didn't just play a prank on him... you placed his whole family at risk.

My advise... MAN UP!!!!!!

Just to reiterate what I said....

[LkptTiger 1]

You're a liberal, aren't you?

[D aka speck 0]

nope... read my post, I'm anything but liberal!

THERE'S A FINE LINE BETWEEN MISCHIEF AND MALICE !!!!

This guy admitted to attempting to "slander" and "deficate" another person's identity and character on a global market.

NOT AT ALL FUNNY, or liberal, for that matter.

If you choose to pitify the avarage douchebag that uses the internet to defame others, (while there is, clearly, a better course of action) than that's your choice.

That DOES NOT make me liberal, it makes me human!

I hope that the Mods LOCK THIS THREAD!!!!

It's a total waste of time!

I'm not going to condone FELONY BEHAVIOR!!!!!!!!!!!!!!!!!!!!

IDENTITY THEFT ASS-BAG!( aimed at the thread starter)

IS A FELONY CRIME!!!

[LkptTiger 1]

Oh. I guess I just assumed, given the gross overreaction and drama.

[D aka speck 0]

Have you actually read anything in this thread?

nice edit tiger

What drama?

What overreaction?

What the hell does THAT mean?

Stop assuming and start being part of the solution...

MODS>>>> LOCK THIS RETARDED THREAD!!!!

This IS NOT aplace for medical advice, nor,

is it a place for LEGAL ADVICE!

[D aka speck 0]

Oh. I guess I just assumed, given the gross overreaction and drama.

I am Henry the 8th I am

Henry the 8th i am I am.

I just wanted to know how it feels to make totally useless posts.

If you want legal help... go to a legal web-site!!!!

If you want to prove that you're a total douce-bag...

Start threads like this one.