Q: I was accused of harassment by computer by an individual.
The way it was explained to me was that the individual went to the local pd with the evidence that I was the one that was harassing them online, the local pd informed the person that there was nothing they could do, but informed them that they could take it to the magistrate and file charges that way. The person did this, and i got served with papers today. My first question is how do i obtain the evidence that was presented to accuse me of this, and secondly would i be able to sue for defamation of class, and if i can what all can i include in the suit for this(lawyer cost, court cost, etc.)?
A:
Tpu need to hire a local experienced criminal defence attorney to represent you on the harassment charge. That attorney will get discovery and find out what the allegations are. (You can also go to the General District court vletk’s office and adk for a copy of the criminal complaint.)
Defamation cases are hard to win in VA. Speak to a civil litigator about this course of action because it is not a criminal law matter.
A:
You're asking more of a civil law question. The magistrate can issue a charge if they find probable cause that you committed a crime.
You are entitled to file a discovery motion, which will provide you with statements they're alleging you made plus your criminal record etc.
The warrant will have the probable cause statement filled out by the person accusing you.
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