What to do if my granddaughter might be charged with cyber bulling because she posted a picture of a gun on her facebook page after her boyfriend threatened someone on his page?

What could happen to her if this is pursued in the court system? She has never been in trouble before.

Asked on February 17, 2013 under Criminal Law, New Jersey


Tricia Dwyer / Tricia Dwyer Esq & Associates PLLC

Answered 7 years ago | Contributor

Hello. I urge that, as appropriate, either your granddaughter herself, or someone acting on her behalf to help her, immediately and privately have a consultation with an attorney about this matter.  Facebook postings (and Instagram, Twitter/tweets, and other ‘social media’ interactions) and text messages and voicemails are ever-increasingly common sources of evidence offered to the Court in court matters, both criminal and civil.  What you described is serious and of course I do not know all of the facts of the matter.  Depending on the totality of the facts to your issues, serious criminal charges, and, or, serious civil legal action or actions are possibilities.  (Criminal charges pertain to matters and conduct considered to be harmful to society generally, and civil matters are considered private disputes between persons or other entities.)  When I, as an attorney, confer with a person who is worried about possible criminal charges being brought against her/him, it is known as a ‘pre-charge legal consultation’.  With regard to ‘pre-charge’ attorney-client advice, sometimes what motivates the client to contact the attorney is that the police have contacted the client and in some other cases the client feels general worry and suspicion and fear (each situation has its own unique set of facts).  In choosing an attorney, I recommend that you make several telephone calls because it is critically important that the client feels a sense of great trust with the attorney helping her/him.  All the best to your and your granddaughter.

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