With social media being as popular as it is today, and with new social media websites popping up every few days, it can be quite easy for people to get a little carried away when it comes to sending and posting messages to other individuals.
However, the line between a friendly message and cyber stalking can be a thin one. Charges associated with cyber stalking are serious in the city of Savannah and the state of Georgia. If you have found that the messages that you have sent to a person or persons have been taken out of context or misconstrued, you should seek the counsel of a seasoned Savannah criminal defense lawyer.
In the state of Georgia, the term cyber world is very broadly interpreted, and includes crimes committed on computer networks, the internet, or devices used for communication such as a smart phone, the mail, the internet or social media sites. The term stalking refers to the act of placing an individual(s) under surveillance, following an individual(s), or contacting an individual(s) without their permission, with the intent of intimidation and harassment.
When it comes to cyber stalking crimes, there are currently two forms: Harassment and stalking. Harassment is the lesser offense, and involves psychologically tormenting or harassing somebody and his or her family, essentially inflicting emotional duress and pain. Harassment crosses the line to stalking when messages or contact sent by an individual becomes malicious, threatening or infers the threat of harm. Both of these crimes can be either misdemeanors or felonies.
Law enforcement now considers cyber crimes as very serious offenses, and those convicted of such crimes can expect to face punishments that include anything from probation to time in prison. To ensure that your rights are protected, it is important for you to speak with a knowledgeable attorney who is on your side, like Dennis O’Brien. Contact the O’Brien Law Firm PC today for a free consultation.
I have been cooperative in every aspect of my first DUI case. What happens if I plead guilty in court?
Because of the DUI laws in the state of Georgia, if you plead guilty to your first DUI charge you will receive mandatory jail time. Despite your cooperation, the judge ruling over your case has no other choice but to sentence you to jail time. When you plead guilty to your first DUI charge your license will also be suspended for one year, and you will have a DUI on your criminal record which may result in less employers hiring you. You will also experience higher automobile insurance rates among other consequences.
I do not recall my arresting officer reading me my Miranda rights. Can my case be thrown out?
A police officer only has to issue you your Miranda rights after you have been arrested and before he or she interrogates you. Under Georgia law, a police officer does not have to give a Miranda warning during an officer’s initial DUI investigation. It is a good rule of thumb to keep quiet and not say anything that may incriminate you before, during or after you have been arrested. However, if you have been placed into custody, interrogated, and not issued a Miranda warning any incriminating statements you make will not be admissible in the court of law.
It is always a good idea to contact one of the Savannah DUI lawyers if you have any questions regarding Miranda rights or any other facet of DUI law.
A colleague of mine mentioned the 10 day rule. What is this?
The 10 day rule comes into play if you refused to take a urine, blood or breath test. If this is the case in your situation, you are looking at a one year suspension of your driver’s license. You can avoid this by requesting a hearing to the Georgia Department of Public Safety, which must be hand written. If you do not make this request within 10 business days of your arrest, then your Georgia driver’s license will be suspended automatically.