Importantly, the way we communicate has largely shifted online. Both positive and negative communications can be sent online. The legislature in Colorado understands this, which is why the law on stalking in the state extends to cyberstalking.
Cyberstalking involves the use of electronic devices to cause another person to feel threatened or distressed. The threat must be credible and there must be a pattern of behavior that would cause any reasonable person to suffer emotional distress.
Some common examples of cyberstalking include:
These are just some examples. Any repeated online activity that would cause a reasonable person to feel distressed may amount to cyberstalking. Cyberstalking can apply to friends, family members or complete strangers.
Cyberstalking is a serious offense and it can be charged as a felony. Potential penalties include a one to four-year prison sentence for first offenders and up to eight years in prison for repeat offenders.
The law on cyberstalking is complex. If you are facing accusations of this nature, it’s imperative to seek further legal guidance at the earliest opportunity.
]]>But when they get pulled over by the police, they could still fail field sobriety tests or find that they have a BAC that is over the legal limit when they take a breath test. The driver honestly did not think that they were breaking the law or acting dangerously, so how did this happen? How are they impaired without realizing it?
The big thing to remember is that alcohol itself impairs a person’s judgment and cognitive abilities. So an intoxicated person, when thinking about whether or not it is safe for them to drive, may be less able to determine their level of impairment the more impaired they are.
Studies have been carried out to see how this happens. What researchers found is that people will often judge their level of intoxication simply based on those around them. So someone who is in a club or a bar with a lot of other intoxicated individuals may think that they are relatively sober, despite being over the legal limit. Meanwhile, someone who is in a quiet setting, like a church or a library, may feel that they are very intoxicated – even though they aren’t over the legal limit.
Have you been arrested for impaired driving? A conviction can have a major impact on the rest of your life, so be sure you know what legal options you have.
]]>When you send a private message, however, you likely think of this as a confidential conversation between you and the other party. No one else is reading those messages. But is this actually true?
The important thing to remember is that Facebook is a site that people are allowed to use when they create profiles, but they do not own it. As such, the company itself has access to all of the data. Even if you send information as a private message, Facebook can still access it. You do not have any ownership over the site, despite your name being attached to the messages.
Most of the time, Facebook doesn’t do anything with this information or access. But there are situations in which it becomes important. For example, if you’re facing criminal charges, you should know that the authorities can serve Facebook with a warrant. Facebook will then turn over the information that has been requested, which could include the contents of your private messages. As such, you want to be very careful with what you write in those messages.
It is important to understand warrants, how police officers gather evidence and what legal rights you have. Carefully take the time to look into your criminal defense options if you’re facing serious charges.
]]>When thoughtless social media activity becomes a part of someone’s digital history, significant repercussions can result if they’re under investigation for criminal wrongdoing or have already been charged with a criminal offense. Depending on what someone does on social media while they’re under scrutiny, their criminal defense strategy could be seriously compromised by their posts, responses or even what they re-share on behalf of others.
One of the primary ways that social media can harm a criminal defense involves self-incrimination. If you’ve been accused of wrongdoing, know that posts, pictures, comments and private messages can inadvertently provide evidence against you. Oftentimes, law enforcement officers and prosecutors who scroll social media accounts for evidence misinterpret activity in ways that bolster their position. Understand that anything you “say” online could be misinterpreted and used to undermine the strength of your defense strategy.
Social media content is generally discoverable in legal proceedings. This means that law enforcement and prosecutors can access and present your social media activity as evidence, regardless of your privacy settings. While your email and cellphone history may only be discoverable in the event that law enforcement seeks a warrant, social media platforms are public.
Don’t mess around with this reality. Because anything that you do right now on social media could be used against you, it’s better to be safe than sorry. Stay off of social media until your case is fully resolved.
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