Unfortunately, my son got caught up with the wrong group of kids over the last summer. It was not until the police officers brought him home that I learned of what he and his new group of friends were up to. I knew at that moment that I was going to need a lawyer to help me help him through the situation. My lawyer was so helpful in many ways. By the time we worked our way through the legal process, my son was able to walk away without any charges that could threaten his future. Visit my site to learn what can be done for a troubled teen to get him or her back on the right track.
Have you been accused of stalking? It is a serious criminal charge. However, an accusation does not equal a conviction. Once you have been accused of stalking, one of the first things you should do is hire a good criminal defense lawyer. Your lawyer will look over your case with you and come up with the best possible defense for your particular circumstances. Sometimes, the case may be able to be settled out of court. If you end up needing to go before a judge and/or jury, here are some of the defenses your attorney is likely to use to clear your name:
1. Lack of Knowledge
This defense can be used if you have a restraining order out on you, ordering you to keep away from a certain person. If you find yourself in proximity to that person, they may accuse you of stalking. Your criminal defense attorney can introduce just enough reasonable doubt to the judge and jury to get the case dismissed most of the time with the lack of knowledge defense. In this defense, your attorney will say you did not know the person in question would be where you were going at the time you went there.
2. Reasonable Doubt
Reasonable doubt itself is a good defense. Were you really stalking someone, or did you just happen to be going the way they were going, while on your way somewhere else? This defense can work whether you have a restraining order on you or not.
If someone thinks you were stalking them, all your attorney has to say is that person is mistaken on your intentions, and you following them was merely you going in the same direction as them, with no ill intent. If the plaintiff can't prove you were following them on purpose, the case will likely be dismissed.
3. Mistaken Identity
If someone has a restraining order out on a dangerous person, they may mistakenly think you are that person. It can be an easy mistake to make if you resemble that person, and the one with the restraining order sees you at a distance. Proving you are the victim of a case of mistaken identity is easy enough to do and the charges against you will be dropped.
Conclusion
If you have stalking charges brought against you, make sure you hire a criminal defense lawyer right away. The sooner you start putting your defense together, the sooner you can put the whole ugly incident behind you.
Share