How did this constitute a criminal charge?


#1

There is a lot to this issue but I will stick to the current matter without giving the entire history

I contacted the father of my baby 1 time on Aug 2 to notify him that our child would be born no later then the 12th. And I quote “The baby will be born sometime between now and the 12th of August 2010.
This notification is not an open invitation to harass me it is to notify you when the baby is expected to be born.” I was advised by an attorney that although I had notified him back the begining of july to not contanct me at all because of his behavior and harassment, that I was to still give him an opportunity to support and accept paternity and visit the child it would be in my best interest and favor, and that I had to notifying him of the birth to accomplish this. That’s all I was doing!

Now I have a cyberstalking charge on me!!!

How did a magistrate sign off on something so bogus??? I was within the law and never repeatedly did anything! Did he even have to show proof or could he just give his word and statement?


#2

I can’t say for sure how the magistrate made a determination to issue the charge, but you will have the chance to present your side of the story in court.


#3

Thank you, I found out by speaking with the magistrate who signed it, he said by sworn statement only, but I did not recieve a copy of what he told the magistrate all I got was the summons, so I do not know exactly what was said.


#4

Hey - just needed to chime in hear. I had criminal charges filed against me too. Ex’s new wife claimed I threatened and harassed her and no, there doesn’t have to be any evidence at all for the Magistrate to sign. Totally ridiculous. So, I had to hire a criminal atty, go to court all to have it dropped when my atty gave the DA copies of my phone records, etc. proving I did not call her.