Legal Question in Criminal Law in Virginia

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.)?

Asked on 2/16/19, 8:52 pm

1 Answer from Attorneys

sheryl shane sheryl shane, attorney at law

Well - you did not provide the Virginia Code for which you were charged...but I believe misdemeanor if I am thinking of right charge. When there is possible jail time you will most likely need an attorney present at court with you. The prosecutor must show beyond a reasonable doubt that you are guilty of the charge. An attorney can file for discovery in order to obtain evidence. The Commonwealth does not have to provide much evidence to the defendant at the lower court. But most often, information will be given to your attorney at the Court House and in some instances prior. As to defamation, a civil suit - you will have burden to show false statement....etc. You may want to try malicious prosecution. Good luck. Sheryl Shane

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Answered on 2/25/19, 10:17 am

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