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S. Huband, Esq.
S. Huband, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 1140
Experience:  Experienced and knowledgeable criminal defense attorney.
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Cyberstalking from a 16yrs old to a teacher with racial comments and pictures? how

Resolved Question:

Cyberstalking from a 16yrs old to a teacher with racial comments and sexual pictures? how to prosecute the student?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  S. Huband, Esq. replied 1 year ago.

shuband :

Thank you for the opportunity to assist you. It sounds like you've taken the right steps already by speaking to administrationi and to the police. Was this to a cell phone, over email, Facebook, etc?

Customer:

Was a gmail account

Customer:

my school work teacher's account

shuband :

I see. It seems pretty easy then to access these material and allow law enforcement and/or the administration to use the material to prosecute the student.

shuband :

I was a public school teacher in the mid 90s...my how things have changed.

Customer:

I talked to the principal and she referred me to her friend who works at the state police....but the emails I received are nasty with nude pictures and racial comments...Do I need to file at the local police?

shuband :

I'm not sure it matters. Either law enforcement agency can help you get the ball rolling.

Customer:

I was told that the state police will ask google for the IP address and track this student, but when they get who is this guy... I want to prosecute it and I need a lawyer...this is the second time happens to me at this school..

shuband :

A prosecution will be handled by the government, i.e. by a prosecutor who will work with you as a witness and as the victim of a crime. You only need a lawyer if you wish to sue the student in civil court. Of course, you can always retain an attorney for legal advice and to answer your questions/

Customer:

I want a restriction order, I live 2 blocks from the school. And administration said this student will be dismissed, but I do not trust on them....the firts time a student did, they did not notify me of any action they took and they put the student back to my class without notice.

shuband :

Wow. That's crazy.

shuband :

You can obtain a protective order, if that's what you mean, but that's only if you believe the student is a danger to you or an imminent threat to your safety.

Customer:

Yes. It was the end of the school year on April, he posted on twitter and he was suspended for 6 days only. Now, after 2 weeks back to school I received these nasty emails to my teacher's account.

Customer:

I know he has issues, he apologized in a letter saying he apologizes for his impulsive behavior. But I don't know who is sending me these email now...

shuband :

Well, you're on the right track with reporting it to the administration and to the police. They should be able to track down who these emails are coming from and go from there.

shuband :

I'm sorry this has happened to you. It's crazy to think this sort of thing goes on. I taught back in the day when we barely had email, NOBODY had a cell phone, and FaceBook didn't even exist.

Customer:

Where do I get the protective order? and how?

shuband :

Let me research that issue for Delaware...please hang on...

shuband :

I'm not finding a definitive answer, so generally I recommend you start with your local court system and/or the magistrate.

Customer:

If I sue the student on civil court, what is going to happen to both parties?

Customer:

Should I hire the lawyer now...or wait untill get the report from the police?

shuband :

I'm not sure what you mean by "what is going to happen to both parties?" Could you elaborate on that?

Customer:

On civil court to a 16yrs old, what law applies in regards XXXXX XXXXX racial and sexual comments?

shuband :

Well, here's the botXXXXX XXXXXne. In Delaware, as in most states, parents are generally not responsible for the tortious acts of the children. The cyberstalking etc. that this student did to you is a "tortious" act which you would sue for in civil court. I doubt the student would have any money to pay a judgment. If you sued and won, you'd have a judgment that's not even worth the paper it's written on.

shuband :

So, I would let the police continue to investigate, determine who the student is, and be prepared to help prosecute him or her after the arrest.

Customer:

How long should I wait? I keep receiving the nasty emails....so I feel emotionally devastated and scared....

shuband :

I'm sorry, I know that would really freak me out, too. Every time you get an email, report it to the administration and to the police who are working on your case. Make sure you SAVE all of them, maybe even print out copies and give them to the police.

Customer:

Ok. I will do that...

shuband :

Again, I'm sorry that you're in this predicament. Is there anything else I can do to assist you today?

Customer:

No. I will look for the protective order on Monday I guess...

Customer:

Thanks!

shuband :

You're welcome. If you have follow-up questions or concerns on this topic, please ask. Otherwise, please rate my answer positively so that I can receive credit for my work. Doing so will NOT cost you any additional fee.

Take care,
Shuband

S. Huband, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 1140
Experience: Experienced and knowledgeable criminal defense attorney.
S. Huband, Esq. and 11 other Criminal Law Specialists are ready to help you
Expert:  S. Huband, Esq. replied 1 year ago.
Hello again,

I was notified that you rated the answer I gave positively, and I am very pleased and gratified that I was able to help you. I sincerely hope the matter(s) we discussed turn out well for you.

Please ask for me in the future if you have additional questions or concerns. Thank you very much for the opportunity to assist you.

Take care,
Shuband

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