I was arrested last night and charged with cyberstalking in NC...The charges were brought by an individual at the magistrate's office. I was processed and given a custody release (no bond) to a friend with a court
date set in 15 days.
At no time was I read my rights, but I was not questioned either. The processing was very routine which included finger printing, mug shot and dna sample.
I was advised of the charges with respect to the NC GS on cyberstalking, but not allowed to see any of the evidence that was presented by the plaintiff.
I was advised by the magistrate that there were no provisions in the NC Statutes that allowed me to file a counter complaint
regarding the plaintiff providing false information to a law enforcement officer or an officer of the court.
The contact that I had with the plaintiff was via Facebook Personal Messages as an administrator of a Garage Sale Group. I had sent the plaintiff several PMs as a result of complaints that I had received from other members expressing their strong dissatisfaction regarding the plaintiff's business dealings with them.
The PMs sent to the plaintiff were professional, business like and in not way threatening.
They simply asked the plaintiff to contact the customers and work out the problems that were submitted to me. I advised the plaintiff that action must be taken in the near future to mitigate the complaints and properly address them if the plaintiff expected to remain a member of the group. Otherwise, the plaintiff would be removed and banned.
The Facebook Group is a private group by invitation only and there are no dues or payments.
I have little doubt that the DA will either decline to prosecute or recommend for a dismissal in court.
My question is what remedies to I have now to:
1. Have my record, etc. expunged.
2. To bring criminal
charges against the plaintiff for perjury, and filing a false report?
3. Civil court actions.
Also, how can I have my Mug Shot removed from public web site.