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The sad case of 12 year old Rebecca, emotionally tortured to her death by cyber bullying. — Florida Criminal Defense Lawyer John M. Castellano

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Rebecca Sedwick Bullied to Death The police unfortunately arrested these “exonerated” girls under the wrong statute, “Aggravated Stalking,” which requires earlier “stay away” court orders, “injunctions” and/or “restraining orders.” This windfall of injustice now gets trumpeted as a “victory” and a perverted form of “vindication” for the young thugs who bullied their victim all the way to her death.

This inappropriate statute was mistakenly chosen by the police, insofar as they apparently didn’t know that this particular enhanced felony of “Aggravated Stalking” requires (as underlying elements of the crime itself) a history of earlier harassment charges and/or injunctions and restraining orders, with the accused then violating those injunctions or restraining orders. This is why it’s called “Aggravated” stalking, inasmuch as the accused is elevating and “aggravating” the volatile situation even more, as they ignore law enforcement and court intervention.

The enhanced statute contemplates and requires as a condition precedent to its existence and legitimacy, that there were, in fact, earlier victim efforts and attempts to get the police and the courts to help stop the harassment; and most often, the lesser felony charge of “stalking” (NOT “Aggravated” “Stalking) is FIRST brought against the accused — and then, only when the accused “stalkers” ignore the “restraining orders” that were properly served upon them, and when they continue to “stalk” and harass the victim, is it appropriate to THEN charge the accused with the enhanced felony charge of “Aggravated Stalking.”

These young thugs beat this arrest ONLY on this technicality — not because they didn’t emotionally torture their 12 year old victim to her death

To learn more read the full article here: http://articles.orlandosentinel.com/2013-11-20/news/os-rebecca-sedwick-bullying-charges-dropped-20131120_1_rebecca-sedwick-jose-baez-judd

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About the Author:

John M. Castellano is a Fort Lauderdale criminal defense attorney who has helped thousands of clients throughout Florida. While building a reputation as a premiere Fort Lauderdale DUI attorney, Mr. Castellano has worked tirelessly to develop strategies to best protect the rights of those arrested for DUI in Broward, Dade and West Palm. However, Mr. Castellano is not just a drunk driving lawyer. He has been a successful domestic violence attorney, drug trafficking attorney, as well as all other Felony and Misdemeanor cases.

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