In Texas, cyberbullying or cyberstalking is a category of harassment and threat. There is both a stalking statute and a harassment statute in place. The term cyber means that instead of stalking or harassing someone in person, an individual uses an electronic medium to do so. Most of the time, these crimes occur through the use of emails and text messages. An individual may possess threatening texts, phone calls, or voicemails that have the possibility of being posted on social media. These postings are often considered to be under the umbrella of cybercrime.
If you have been accused of a cybercrime on campus, it is pertinent that you contact a Lubbock student cyberbullying attorney as soon as possible. A lawyer can craft a strong defense that can help reduce any potential consequences you may be facing.
Frequency & Consequences of a Cybercrime
A common cycbercrime that occurs on campus deals with young people in relationships. Many times, two people will get into a relationship, and if it goes bad, one of those individuals may engage in a form of cybercrime. The emotional state of a heartbroken individual may drive someone to the crime of cyberbullying, or cyberstalking. A knowledgeable Lubbock student cyberbullying attorney can help protect an individual from any harsh penalties they may be facing.
When a student is charged with or found guilty of cyberbullying on campus, they face the consequences of being removed from school or being suspended. The harassment statutes start on the misdemeanor level, meaning a person could spend up to six months or one year in jail.
When someone is going to be accused of a cybercrime, an individual should keep records of any texts or emails sent to them which may prove the case. Further, if there is anything on social media, or left in voicemails, those should be kept and collected as well. With electronic evidence and online records, one problem that occurs when that evidence is collected is their completeness. Sometimes, when the prosecutor turns over online records evidence is missing. This almost always occurs when the other party deleted the conversation that took place.
Further, it is not always true that only one person is doing the cyberbullying. It may be two people who are very upset with each other, both posting content that can be considered under the realm of cyberbullying. Sometimes, the prosecutor may receive only the negative things that one party said to the other, with the other party’s content completely missing. Other occurances of evidence injustice occur when things only above or below the post containing the cyberbullying are reported to authorities. A Lubbock student cyberbullying attorney can help to ensure that all evidence collected is used to the benefit of their client.
Benefits of an Attorney
A Lubbock student cyberbullying attorney will get their investigator involved in the case. They will issue subpoenas and talk to any of the witnesses, including witnesses that may know the accuser from an earlier timeframe. The attorney will want to know if this accuser ever made these types of allegations in the past. In addition, individuals who had been in prior relationships with the accuser are examined. The accuser’s criminal record is also reviewed to see if there are any previous, similar issues. Finally, the lawyer will also contact people who know the accuser to see what type of character this person has. The lawyer will then issue subpoenas for all the electronic data. They will want to obtain all of the texting numbers to put together the full picture.
When a student works with an experienced cyberbullying defense attorney, they have the knowledge of the attorney, an investigator, and a team who can pull the case together. Whether you are in a criminal court or you are accused by the university, it is not a good idea to defend yourself. You may get confused and overwhelmed by the factors and penalties of the case. In a cybercrime case, the assistance of a Lubbock student cyberbullying attorney is invaluable.