Recently a friend on mine created a fake profile on an online networking community with fake photos of a random person on the internet. The profile has been up for half a year now. The purpose of the fake profile was to add people with profiles without giving away their identity. The other week my friend sent a message to an enemy saying something derogatory like "i'm going to stick my **** up your butt at her job , she was rude, and going no where in life and to watch herself." The reason this was said was because my friend was verbally harassed by this enemy saying names like "slut, b****, etc.." The enemy called the authorities and complained about this. The police came to the best friend of the person who sent the derogatory message's house and took a witness statement of the knowledge of the message sent online. The police had the print outs of the messages sent back and forth between the best friend and the person who sent the message and including the messages sent to the enemy. The police explained to the best friend that this wasn't really a big deal and that his friend would have to enter a program and that would be the end of it. The police then called the person who sent the message and said that they had to come to the police station within the next two weeks, that person lives outside their jurisdiction, and did not give a reason as to why they had to come to the police station. The person persistently asked why they were being called down to the office and the officer said that they weren't liable to talk about this situation on the phone, so they agreed to come to the office a week later. I am just wondering doesn't my friend have the right to know why he is being called to the office and what was said a really considered a threat or harassment? And what kind of penalty does it hold? And does the police have the right to hack into the account and get that information or do you supposed the friend gave that information to the police? Thank you.
demartian
02-02-2007, 05:28 PM
Ok, I will attempt to weed this out.
Person A threatened Person B online.
Person B called the authorities about the threat (and most likely pressed charges or requested a restraining order of some type)
The authorities obtained records from the ISPs and Boards where the information was hosted to see where the messages were sent from.
They questioned the people about it and need to issue official statements (which is most likely what your friend needs to go there to do).
It is possible that Person B aquired a restraining order and Person A will also receive that information along with any charges when they go to the police station.
You can not threaten people in person, by mail, online or on the phone... All can be traced legally because the police are here to protect people from getting hurt.
crystalcouture
02-02-2007, 05:31 PM
You got it right. So what kind of charges would be pressed against to the person who sent the message? Would it be arrest? And what program would the officer be talking about the person who made the threat to go through? And doesn't the officer have to tell the person who made the threat why they are going to the station? Thank you for your help.
demartian
02-02-2007, 05:46 PM
Most likely Aggravated Harassment would be the charge for arrest. I've seen it in domestic violence situations where someone leaves a threatening message, etc...
If the person has nothing else, some sort of probation and anger management classes would probably be it. If they have other issues, it's hard to tell.
If the victim got a restraining order against the person, they won't be allowed to contact the victim in any way (not even online), even through a third party without jail time being the result.
The police are only required to tell you why they are arresting you when they arrest you or to read you your rights before you tell them anything.
It could very well be that they just want to talk and get a statement or it could be that when that time is up and your friend has not gone to see them that they will go and arrest them.
It's hard to say, there are always ten million details in a case.
A quick consult with a criminal lawyer local to the person should help.
cyjeff
02-02-2007, 05:49 PM
Of course, other charges may be assessed concerning the exact nature of the comments.
Making terroristic threats and cyber stalking come to mind.
demartian
02-02-2007, 05:56 PM
Of course, other charges may be assessed concerning the exact nature of the comments.
Making terroristic threats and cyber stalking come to mind.
I believe cyber stalking requires repeated threats and attempting to aquire information, I have to go look that one up. If the person has been doing this for some time, there are a whole mess of charges they could have racked up.
Although, when my ex left a threatening voice mail for me one time, the police picked him up immediately from the bar he made the phonecall from and arrested him.
crystalcouture
02-02-2007, 05:59 PM
Thank you for all your input guys. The police officer said that if the friend were to cooperate then they would have nothing go on their record. My friend wanted to go to medical school and the officer said this would no affect that what so ever. Would these charges have to go through court or would they just be issued without court dates? Thanks.
demartian
02-02-2007, 06:05 PM
How old are the parties involved as well? If they see this as a first offender, they could plea the case even if charges were filed and maybe it won't be much at all.
Just make sure the friend does everything they can to clear it up and not ever do something like this again.
crystalcouture
02-02-2007, 07:00 PM
the person was 19 that sent the message and the person filing the charge was 25
crystalcouture
02-03-2007, 08:26 AM
I forgot to mention that they have never done anything like this before, and have never been convicted of any sort of crime pretty much the record is clean.
rcpilot
02-03-2007, 09:29 AM
My brother, went to pay a traffic payment, and when the clerk finnished, he said "F__K you very much". Three weeks later he was arrested for threatening a court employee and harrasment. It ended up costing about $600.
crystalcouture
02-03-2007, 05:55 PM
is it also true that the police officer cannot have any kind of relation to the person reporting the crime?
demartian
02-03-2007, 05:59 PM
is it also true that the police officer cannot have any kind of relation to the person reporting the crime?
I haven't heard of it. Would be difficult in small towns I suppose.
Billy Mack
02-05-2007, 05:02 AM
This sounds pretty immature for adults. I thought these were kids.
You don't have to go talk to the police. However, if you don't talk to them, they'll make decisions based solely on what has been reported to them thus far. They haven't heard your side of it. They should be able to proceed with the printouts that they have.