If you have been accused of cyberstalking, the last thing you should ever do is hand over your phone to the police. No matter what they promise you, even if that promise if having the charges dropped, don’t give into the temptation of letting the police search your phone.
Why shouldn’t you give the police your phone? – Because they want to use it to collect evidence that they can use against you, which could put you in an even more serious legal situation. If you have been accused of cyberstalking, the first thing you should do is contact a Miami criminal defense attorney as soon as possible. An experienced attorney from a criminal law firm in Miami will be able to help guide you through the legalities that are involved with your accusation.
What is Cyberstalking?
Cyberstalking usually happens when a person uses a form of electronic communication, such as email, text messaging or social media, to harass, intimidate or bully another individual. It can involve anonymously sending text messages, sharing private information about the victim, sending sexually offensive emails or posting hateful and/or threatening comments toward another person online.
Thanks to a surge in technology use, including smartphones, cyberstalking has become a serious issue for a lot of people. Not only are more and more individuals being victimized, but more and more people are also being accused of cyberstalking.
If you have been charged with cyberstalking, seeking guidance from a criminal lawyer in Miami is essential.
Cyberstalking Defined by Florida Law
Under Florida Statue 784.048, cyberstalking is defined as sending electronic communications that involve offensive images and language for no reason and that cause serious emotional distress for another individual. If the communication involves making threats of bodily harm or taking a person’s life, it is considered Aggravated Cyberstalking.
What are the Legal Ramifications of Cyberstalking?
In the state of Florida, cyberstalking is a first degree misdemeanor. If convicted, a person charged with cyberstalking can serve up to 12 months in jail and pay a $1,000 fine. A conviction of aggravated cyberstalking is a third degree felony and the person who is convicted can serve up to 5 years in prison and pay a $5,000 fine.
Charged with Cyberstalking? What to do?
Given the harsh penalties, if you have been charged with cyberstalking, it is imperative that you contact a Miami criminal defense attorney as soon as possible. Do not, under any circumstances, allow the police to search your phone, computer or any other electronic device unless they have a warrant. An experienced criminal lawyer in Miami will fully assess your case, provide you with the necessary guidance and determine the best course of action to take moving forward.
With the help of a Miami criminal defense attorney, you may have your cyberstalking charges reduced or completely dropped, which is why it is in your best interest to seek immediate legal guidance.
We handle a variety of criminal law cases, so call us now if you have any questions.
View more contact information here: Miami Criminal Defense Attorney.