Child custody cases often become difficult and messy, but rarely do they lead to cyberstalking charges. In one recent case, however, our Winston-Salem-based Criminal Defense Attorney Tyler Chriscoe had to step in and help out a client who experienced exactly that.
Custody Dispute Gets Complicated
Our Firm was assisting a client with an ongoing child custody dispute. Sometimes it becomes necessary for one parent to investigate the activities of another when it pertains to the safety and well-being of their mutual children. As part of that investigation, our client hired a private investigator to gather information about the other party involved. The private investigator placed a GPS monitor on the other party’s car as part of their contract. This is legal when done for a lawful purpose. However, the other party discovered the tracker and accused our client of cyberstalking.
Unfounded Cyberstalking Accusations
Fortunately, if a person has lawfully hired a private investigator, the State of North Carolina does not consider this type of incident cyberstalking. We were able to obtain copies of the written contract between the client and the private investigator, which clearly stated the purpose of the investigation. The purpose was lawful under the Statutes. We also drafted an affidavit, which the investigator reviewed and signed, stating that it was not our client who had placed the tracker, but rather the investigator’s Firm.
A Successful Day in Court
During our client’s first court date, we presented the contracts, affidavits, and relevant North Carolina General Statutes. Because we were able to show that our client hired a private investigator for a lawful reason, and the Firm was the one to place the tracking device, our client was proven to be completely innocent of cyberstalking. As a result, the State dismissed the charges. Immediately, we assisted our client in getting the incident expunged from her record.
Consequences Averted
Our client’s prior record was clean, so she was not facing jail time. However, any criminal conviction, even a misdemeanor, is still a blemish and can cause problems. Convictions can show up anytime you apply for a job, try to get an apartment, or even just go on a date if your partner cares to look. Furthermore, in this case, a guilty verdict would have caused problems for this client in her ongoing custody battle.
Contact Us
If you are facing a complicated separation with custody issues, need help to defend yourself from criminal accusations, or need help cleaning up your record from a shaky past, remember We Have An Attorney for That! Contact us right away!