Harassment, Stalking, Misconduct Cyber Stalking Via 2 Facebook messages

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Fme360

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So I treated FB like a dating site. Sent sexual messages etc etc... Apparently that's cyber stalking.

Here's the thing. I was never blocked, messages were read and I'm worried I'll be convicted because of perceived immorality and not actual facts.

Someone who can bother reporting you to police should be able to click the block button. Stop reading the messages if they offend you...

They took my 2 PC's and my 2 500 gb external hard drives, my phone, SD cards, etc etc...

I'm Hoping to get my PC back at least since a PC is virtually irrelevant to FB. FB can be accesses anywhere. My TV has FB!

My case hasn't been accepted yet and has been pushed back 2 times.

Will this charge stick, will I get a good plea for something less serious, if I do get Cyber Stalking will a judge send me to jail? My life will be ruined. I'll lose my job, credit, bills will default, my family will suffer more than me.
 
You should do THREE THINGS:

See a criminal defense lawyer tomorrow and discuss this in detail ONLY with YOUR lawyer.
Stop blabbing about this, less is more. You have a RIGHT to remain silent.
HINT: Even if the postings are tied to a particular computer, no one can PROVE who did the posting. Furthermore, computers do get hacked, as do computer accounts.
Never admit to ANYTHING, never CONFESS, ALWAYS take advantage of your RIGHT to STFU.

I'd forget about that junk they confiscated, and worry more about staying FREE and NEVER do this crazy garbage again.
 
I have a lawyer, yeah. I don't know how much good he'll do. It's mostly what the ada offers in your plea.

Plea deal is pretty much forced. It's just hard to live or plan for anything knowing my arraignment is in weeks.
 
Fme360 said:
I have a lawyer, yeah. I don't know how much good he'll do. It's mostly what the ada offers in your plea.

Plea deal is pretty much forced. It's just hard to live or plan for anything knowing my arraignment is in weeks.
Click to expand...

I always advise clients against taking a plea.

The exceptions are serial felons, and cases where I know what cards the DA holds.

Otherwise, silence, not a confession is your friend.

If the facts are as you've alleged them to be, you've got several great defenses.

How can the state PROVE who sent those messages, assuming you haven't confessed to sending them?
 
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I talk too much, don't I? LOL

Does fb show GPS location of sent messages?
 
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Fme360 said:
I talk too much, don't I? LOL

Does fb show GPS location of sent messages?
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You don't get it, do you?

If you had beaten someone with a baseball bat, for example.
They could possibly find your fingerprints, even your DNA on the bat at the scene if the alleged crime.
What you're talking about is circumstantial evidence.
Sure, they could find many things in a computer's history or deep within its hard drive.
But, no one can ever say that the information retrieved was put there by you, me, or anyone else.
That's a far cry from hard evidence juries love to see.
Now, if you've foolishly confessed, I suggest you discuss a psychological evaluation with your attorney.
I edited your errant, flippant response above.
Dude, for your sake, stop blabbing.
You're killing you.
 
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I didn't say anything to police when they asked me to come in for questioning. I honestly had no clue cyber stalking existed or that FB was taken seriously.

Little did I know that people are such cry babies and run to police for everything on the internet.
 
Fme360 said:
I didn't say anything to police when they asked me to come in for questioning. I honestly had no clue cyber stalking existed or that FB was taken seriously.

Little did I know that people are such cry babies and run to police for everything on the internet.
Click to expand...

I'll try again, if you're invited to the police station, you always should politely decline.

Secondly, decline all interviews, especially in custody ones; and don't discuss your case with cell mates. Most are snitches.

If they arrest you, they arrest you.

Don't put the noose around your own neck.

If you are arrested, simply invoke and clam up.
 
It's too late now but it is actually best to watch what you post on fb/internet & what sites you visit (porn just as an example). Even if they can't prove you were the one who posted the info on fb (& you should never confess), you can end up with the problems you now have. Work with your lawyer.
 
So after persistant unwanted contact, you were blocked, and you think that makes you innocent?

Yep, I agree. You NEED a lawyer. Badly.
 
Fme360 said:
I was arrested last year for it, still waiting arraignment...
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In your state, LA, a bond hearing constitutes the arraignment, too.
It appears you're out on bond.
I'm surprised your lawyer hasn't explained this to you.
As you're free on bond, and because you're purportedly being charged with a felony, the state has 150 days in which to have a true bill issue.
Trial should begin within 180 days, unless the persecutor can explain good reasons for the delay.
I suggest you discuss a speedy trial motion with your attorney.
You appear to be on the cusp (perhaps within the heart) of certain magical dates.


Read this link. It explains what happens after arrest and before trial. :

http://www.justanswer.com/criminal-law/6vjn0-time-limitation-arraignment-when-person.html
 
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Actually it's a misdemeanor. Yeah I bonded out last year haven't been to court. In our parish there was no bond hearing. Yeah if you can't handle unwanted contact on FB you don't belong on the internet. This isn't preschool. Lol. Gtfo cry babies.
 
Fme360 said:
Actually it's a misdemeanor. Yeah I bonded out last year haven't been to court. In our parish there was no bond hearing. Yeah if you can't handle unwanted contact on FB you don't belong on the internet. This isn't preschool. Lol. Gtfo cry babies.
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Well, a misdemeanor is even better for you.
The state has 90 days to indict, and 120 days to go to trial.
The speedy trial motion is still available.

(2) When the defendant is not continued in custody subsequent to arrest, an indictment or information shall be filed within ninety days of the arrest if the defendant is booked with a misdemeanor and one hundred fifty days of the arrest if the defendant is booked with a felony.
 
I'm tired of people being in jail over fb. Get over it people. If everyone cried to police over the internet we'd all be in jail.
 
army judge said:
Well, a misdemeanor is even better for you.
The state has 90 days to indict, and 120 days to go to trial.
The speedy trial motion is still available.

(2) When the defendant is not continued in custody subsequent to arrest, an indictment or information shall be filed within ninety days of the arrest if the defendant is booked with a misdemeanor and one hundred fifty days of the arrest if the defendant is booked with a felony.
Click to expand...

It's been about 5 months no arraignment.
 
Fme360 said:
It's been about 5 months no arraignment.
Click to expand...

Its NOT about your arraignment.

In your state (LA), your bond hearing was also your arraignment.

The issue is LACK of a speedy trial.

If trial hasn't been set by 90 days in misdemeanors, and hasn't commended within 120 days, you may have a speedy trial problem.

That COULD be your way out.

In your case its been 150 days, or so.

Speak with your attorney about a speedy trial motion.


(2) When the defendant is not continued in custody subsequent to arrest, an indictment or information shall be filed within ninety days of the arrest if the defendant is booked with a misdemeanor and one hundred fifty days of the arrest if the defendant is booked with a felony.
 
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