What to Do if You're Charged with Cyberstalking

My question involves criminal law for the state of: IL

My cousin was arrested in late June 2017 on Cyberstalking charges (720 5/12-7.5a2) http://www.ilga.gov/legislation/ilcs...050k12-7.5.htm

The complaint says the alleged offense took place in August 2014. However my cousin had direct communications (text and phone) with the accuser in May 2015 and still has all the texts. The alleged beef between the two seemed to be squashed at that time. In the text she says thank you, he says i love you and she even goes as far as texting him "F@ck the Police." I have no idea why she waited 2 years to finally press charges other than this was her last chance of filing since the alleged crime was almost past the year 3 year limitation to file charges for a felony in IL. Anyways i'm trying to help him out. I'm sure everyone here will tell him to get an attorney asap but the kid has NO cash and refuses to use a public defender. Instead of begging his step dad for a few thousand bucks for an attorney is there any law, precedent, motion, etc that he can present to the judge on his first visit (he's already had it pushed back once) to ask for the charges to be dropped JUST based on the fact that he had communications with the accuser after the alleged crime took place and the accuser clearly does not show "emotional distress" and oh yeah she texts him "F@ck the Police". ???

Thanks in advance to everyone for your input!

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Quoting louweed

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I'm sure everyone here will tell him to get an attorney asap but the kid has NO cash and refuses to use a public defender.

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Then to be blunt he is a fool for refusing a public defender when he qualifies for one. Public defenders are lawyers and will know the law and procedure far better than he does. Even as overworked as some Illinois public defenders are he is still better off with help from an attorney then trying to handle this matter on his own when he has very little knowledge of the law or how the criminal process works.

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Quoting louweed

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Instead of begging his step dad for a few thousand bucks for an attorney is there any law, precedent, motion, etc that he can present to the judge on his first visit (he's already had it pushed back once) to ask for the charges to be dropped JUST based on the fact that he had communications with the accuser after the alleged crime took place and the accuser clearly does not show "emotional distress" and oh yeah she texts him "F@ck the Police". ???

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Just based on that? No. The fact that they might have gotten friendly again months later does not mean that he did not commit the alleged crime. After all, victims of domestic violence often return to their abusers after they have been attacked. But that fact does not undo the crime the attacker committed. People get convicted of domestic violence despite the fact that their victims made up with them for that very reason: making up does not undo what the attacker did. Same principle here. If that’s what he is relying on for his defense, he’s in trouble. He really needs a lawyer.

If charges have been filed then the prosecutor has probable cause to believe the crime has been committed. The judge has no authority to simply drop the charges based on the judge's opinion of what the facts show. What you think is "clearly" shown is nothing more than opinion. This young man is in serious legal trouble and without the help of an attorney he is not going to like the outcome. A very capable lawyer has brought the charges and believe s/he can prove them. What does that tell you about your opinion about the matter?

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Quoting asa_jim

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If charges have been filed then the prosecutor has probable cause to believe the crime has been committed. The judge has no authority to simply drop the charges based on the judge's opinion of what the facts show. What you think is "clearly" shown is nothing more than opinion. This young man is in serious legal trouble and without the help of an attorney he is not going to like the outcome. A very capable lawyer has brought the charges and believe s/he can prove them. What does that tell you about your opinion about the matter?

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Thanks for the reply. Btw I forgot to mention that the accuser is NOT a resident of IL. I believe she lives on the west coast (Nevada or CA). Does that matter? Also, is the accuser required to testify in IL court?

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Quoting Taxing Matters

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Then to be blunt he is a fool for refusing a public defender when he qualifies for one. Public defenders are lawyers and will know the law and procedure far better than he does. Even as overworked as some Illinois public defenders are he is still better off with help from an attorney then trying to handle this matter on his own when he has very little knowledge of the law or how the criminal process works.



Just based on that? No. The fact that they might have gotten friendly again months later does not mean that he did not commit the alleged crime. After all, victims of domestic violence often return to their abusers after they have been attacked. But that fact does not undo the crime the attacker committed. People get convicted of domestic violence despite the fact that their victims made up with them for that very reason: making up does not undo what the attacker did. Same principle here. If that’s what he is relying on for his defense, he’s in trouble. He really needs a lawyer.

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OK i'm not sure how much trouble he's in. First of all the kid has no criminal history and I believe the charge is a Class 4 felony. Also seeing that he would be a first time offender for a non violent crime I doubt he would ever see jail time. and FYI this matter has nothing to do with domestic violence or and type of physical threat of violence. In fact the matter is over over childish (imo) twitter facebook crap. Honestly I can't even believe the State of IL (which is on the verge of Bankruptcy) thinks this entire matter is court worthy. Then again IL is one of the most corrupt states in the country so i guess i shouldn't be too surprised.

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Quoting asa_jim

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If charges have been filed then the prosecutor has probable cause to believe the crime has been committed. The judge has no authority to simply drop the charges based on the judge's opinion of what the facts show. What you think is "clearly" shown is nothing more than opinion. This young man is in serious legal trouble and without the help of an attorney he is not going to like the outcome. A very capable lawyer has brought the charges and believe s/he can prove them. What does that tell you about your opinion about the matter?

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Thanks again everyone for the input so far! :)

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Quoting louweed

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Thanks again everyone for the input so far! :)

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Your cousin needs an attorney, not you blabbing about it all over the Internet.

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Quoting Highwayman

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Your cousin needs an attorney, not you blabbing about it all over the Internet.

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i'm sorry i am doing something illegal here? are you against the 1st Amendment?

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Quoting louweed

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My question involves criminal law for the state of: IL

My cousin was arrested in late June 2017 on Cyberstalking charges (720 5/12-7.5a2) http://www.ilga.gov/legislation/ilcs...050k12-7.5.htm

The complaint says the alleged offense took place in August 2014. However my cousin had direct communications (text and phone) with the accuser in May 2015 and still has all the texts. !

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It is incredibly easy to spoof a phone number. Give me 5 minutes and your phone number and I can send texts that look like they came from you. So his "proof" isn't evidence of anything.

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Quoting Shadowbunny

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It is incredibly easy to spoof a phone number. Give me 5 minutes and your phone number and I can send texts that look like they came from you. So his "proof" isn't evidence of anything.

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um NO. the difference is that real phone numbers through subpoena can be verified... spoof numbers can't.

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Quoting louweed

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um NO. the difference is that real phone numbers through subpoena can be verified... spoof numbers can't.

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You're quite right. And since your cousin is choosing not to use a PD or pay for his own attorney, does he know how to issue a subpoena? If not, then how does he plan to present this "proof" to the court? Because, as I stated, texts can be spoofed. So unless he knows how to get real evidence from the phone company, he's still in the same (bad) position.

(And FYI, your response appeared to be snarky. Was it intended to be? If so, that's not a great way to respond to the people who are attempting to help.)

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Quoting Shadowbunny

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You're quite right. And since your cousin is choosing not to use a PD or pay for his own attorney, does he know how to issue a subpoena? If not, then how does he plan to present this "proof" to the court? Because, as I stated, texts can be spoofed. So unless he knows how to get real evidence from the phone company, he's still in the same (bad) position.

(And FYI, your response appeared to be snarky. Was it intended to be? If so, that's not a great way to respond to the people who are attempting to help.)

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snarky no sorry if i'm coming off that way i'm just stressing out for the kid. all his friends etc are giving him a hard time. again he's a good kid he graduated college, he works full time ,etc. so i would never ever waste my time on this...