Legal Question in Criminal Law in Michigan

Cyberstalking

Is cyberstalking, no threats were made, just basically a bad break-up fight between the guy and two of us girls who had just found out about each other but then he filed a report and police officer said was a felony and threatened to have my children taken away, when I looked up the law it says misdemeanor. note: they never once asked to not be contacted and they live in a different state. I would also like to know if the police can just show up at my house and arrest me


Asked on 10/11/07, 12:40 pm

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Cyberstalking

Your question is hard to answer, primarily because the detailed facts are probably "debatable". (One person's "bad break-up fight without threats" is another's "bad break-up fight WITH threats".)

You need to consult with an attorney in your area who handles criminal defense law (and, hopefully, has handled computer crime -- "cyberlaw" -- cases). A copy of the charging document (which says what the prosecutor issued ... not what you found on the internet) AND the police report (which tells what the police and prosecutor claim happened) are necessary for your attorney's review.

There's a Catch-22 here: You probably cannot get a copy of the police report until the prosecutor has made a charging decision ... and possibly until, at a minimum, the defendant(s) has/have been arraigned in district court.

Can the police "just show up at your house and arrest you"? Yes, IF the prosecutor has authorized a charge and a judge has signed an arrest warrant.

Again, you need to talk in person with an experienced criminal defense attorney.

Read more
Answered on 10/17/07, 4:18 pm


Related Questions & Answers

More Criminal Law questions and answers in Michigan