what kind of lawyer do i need for stalking

Do I need a lawyer for stalking charges?

If you are facing stalking charges, you may wish to consult with a criminal defense lawyer. An experienced criminal defense lawyer near you can assess the facts and circumstances of your case. The lawyer can also advise you of your rights, provide case guidance, and can represent you at trial. Share Tweet Share Ken LaMance Senior Editor

How do you deal with a stalking case?

Mar 31, 2015 · 1 attorney answer. Stalking is primarily a criminal matter which is handled by the local prosecutor. You may also be able to sue for monetary damages if you can prove who sent the letters. You would need an attorney who handles civil cases for this.

Who can testify in a stalking case?

U.S. laws on internet stalking vary from state to state, but if you have been threatened in an e-mail you may wish to consult a family attorney . In California stalking legislation has incorporated the use of the internet into the penal code, and you may …

What are the laws against stalking in the US?

An experienced and knowledgeable criminal defense attorney will be aware of the possible defenses to a stalking charge and the issues that need to be explored. An attorney can give you information about the criminal law process and legal advice, investigate the case, and represent you in court if you have been formally charged.

What are the category of stalking?

There are six general categories that define stalking behavior, such as the rejected stalker, resentful stalker, predatory stalker, intimacy seeker, incompetent suitor, and erotomania and morbidly infatuated.Oct 2, 2021

What are the four types of stalking situations?

The four, more specific, types of stalkers are: rejected, delusional, identity seeking, and attachment seeking. Rejected stalkers have been [or feel] refused, disregarded, and possibly humiliated. They're the most common and most likely to use violence toward the victim.Jan 14, 2021

What is an example of stalking?

Examples of stalking behaviors include: Repeated, unwanted phone calls, texts, messages, etc. that may or may not be threatening. Creating fake profiles to continue contacting a person after they have been blocked on their personal account. Observing, following or “coincidentally” showing up wherever the person goes.

What is the criminal definition of stalking?

The crime of stalking can be simply described as the unwanted pursuit of another person. Examples of this type of behavior includes following a person, appearing at a person's home or place of business, making harassing phone calls, leaving written messages or objects, or vandalizing a person's property.Feb 14, 2019

Are stalkers lonely?

Common misconceptions about stalkers include ideas about stalkers being lonely, socially awkward and generally undesirable people. But experts say that many stalkers are charming and seemingly “average” people that you would never guess have an unhealthy obsession with their ex, their neighbor or a complete stranger.

How do stalkers find you?

When someone is stalking a person on social media, it means that they are scrolling through that person's posts and pictures to track them and their activity. Stalkers can easily get private information from posts, photos and geotags to determine a person's whereabouts.

What percentage of stalkers are female?

78 percentAlthough stalking is a gender-neutral crime, most (78 percent) stalking victims are female and most (87 percent) stalking perpetrators are male.

Which of the following accurately describes stalking?

Stalking is behavior wherein an individual willfully and repeatedly engages in a knowing course of harassing conduct directed at another person, which reasonably and seriously alarms, torments, or terrorizes that person. Stalking involves one person's obsessive behavior toward another person.

What is the purpose of stalking?

Motivation for stalking is not primarily sexual, but is more like to include anger and hostility towards the victim, often stemming from actual or perceived rejection of the stalker by the victim (4). Victims perceive control and obsessional behavior as primary motives of the stalker (2).

What are the elements of the crime of stalking?

These are: the defendant willfully and maliciously harassed or willfully, maliciously, and repeatedly followed another person, and. the defendant made a credible threat with the intent to place the other person in reasonable fear for his safety (or for the safety of his immediate family).

What does harassing mean?

1 : to annoy again and again. 2 : to make repeated attacks against an enemy. Other Words from harass. harassment \ -​mənt \ noun. harass.

What actions are used to satisfy the element of threat required for stalking?

What 3 elements must be present in order to prove the crime of stalking? Person willfully, maliciously, and repeatedly follows or harasses another. Person made a credible threat. Made threat with specific intent to place person in reasonable fear for their or their families safety.

1 attorney answer

Stalking is primarily a criminal matter which is handled by the local prosecutor. You may also be able to sue for monetary damages if you can prove who sent the letters. You would need an attorney who handles civil cases for this.#N#More

Jerry M. Blevins

Stalking is primarily a criminal matter which is handled by the local prosecutor. You may also be able to sue for monetary damages if you can prove who sent the letters. You would need an attorney who handles civil cases for this.#N#More

What Can I Do if I am Being Harassed or Stalked on the Internet?

You should immediately report the incident to the system administrator of both your Internet Service Provider and the Internet Service Provider of the stalker. There are free services available on the internet that will analyze your unwanted e-mail to determine its point of origin.

How is Internet Stalking Different from Physical Stalking?

Although being stalked on the internet may seem safer than being stalked in real life, it is in actuality very dangerous. Often stalkers will stalk in person first, and then progress to the internet in an attempt to avoid legal repercussions. Other times the stalking may begin on the internet, and then evolve into stalking in person.

What Should My Internet Service Provider Do To Help Me?

Every Internet Service Provider will have an abuse policy, which is usually outlined in the customer service agreement. Generally complaints of abuse are sent to the postmaster or the abuse department of the internet service provider.

What are the Consequences of Internet Stalking?

Internet stalking is typically a felony . There are serious consequences involved, including prison and fines.

Do I Need a Lawyer if I am Being Stalked on the Internet?

U.S. laws on internet stalking vary from state to state, but if you have been threatened in an e-mail you may wish to consult a family attorney . In California stalking legislation has incorporated the use of the internet into the penal code, and you may be able to take criminal action against the stalker.

What do you need to know about stalking charges?

An experienced and knowledgeable criminal defense attorney will be aware of the possible defenses to a stalking charge and the issues that need to be explored. An attorney can give you information about the criminal law process and legal advice, investigate the case, and represent you in court if you have been formally charged.

What is stalking crime?

the crime is a second or subsequent offense. the stalking is committed when the offender already has been ordered to stay away from the victim under a court order for no contact, a restraining order, or an order of protection. the stalking involves specific threats to harm the victim or those close to the victim, or.

What are some examples of stalking?

Examples of stalking behavior include: following someone. showing up or driving by a person's home, workplace, or school. monitoring a person's computer, cell phone, or social networking activity. secretly placing a GPS device on someone's vehicle in order to track the person. sending unwanted letters, gifts, or email.

How to get rid of a crime?

try to talk to the victim about the case or have any contact with the victim. talk to law enforcement or other investigators without an attorney present, or. give any evidence to law enforcement without consulting with a lawyer first—even if you believe the evidence will show you are not guilty of the alleged crime.

Is stalking a felony?

Stalking is a serious crime that can be a felony or misdemeanor. All 50 states have criminal laws against stalking.

How to find stalking?

To uncover stalking when it is related to some other crime, the prosecutor must be willing to look beyond the four corners of the “primary” criminal offense. Victims and witnesses should be screened, during interviews, for indications of possible stalking, as well as other forms of witness intimidation. Ask whether the offender has engaged in unwanted contact with them and whether they have been subjected to threats or other disturbing behavior. Ask whether strange or suspicious events have occurred that suggest the offender may be monitoring their whereabouts or activities.

What is the role of a victim service provider in stalking cases?

Victim service providers can assist prosecutors in communicating with victims to ensure that victims are not only kept informed about the case but also provided with support and advocacy throughout the course of prosecution, including sentencing and beyond. The services of community-based advocates are not limited to victims involved in ongoing criminal prosecutions. Unlike systems-based advocates, their communications with victims are often protected by confidentiality and privilege. Both types of advocates can play an important role in providing victims of stalking with safety and guidance.

What is stalking crime?

In some cases, stalking is the primary crime alleged. The offender may be a stranger or may be a person known to the victim—a former partner or person the victim once dated, a person seeking a relationship with the victim, someone known from the workplace (supervisor, co-worker, employee, or customer/client), a neighbor, a family member, or a casual acquaintance. The motive for the stalking may be to exact revenge for some perceived wrong, to establish or regain a romantic relationship, or to coerce the victim to respond in some specific way.

When was stalking first legalized?

The first stalking statute was enacted in California in 1990, in response to several high-profile fatal and near-fatal stalking incidents. Within a few short years, stalking statutes had been enacted by Congress and by legislative authorities in all fifty states, U.S. territories, many Indian tribes, as well as in many other countries. This legislative boom can be attributed to ocial recognition of not only the potential lethality of the conduct, but also the fear and emotional distress it causes to victims. Moreover, in addition to physical and emotional harm, victims of stalking often suffer significant economic losses attributable to property damage, theft, the need for enhanced security measures changing locks or installing security cameras), legal expenses, medical or mental health treatment, or lost wages.

What is the purpose of stalking technology?

Given the ubiquity of technology in modern society, it is inevitable that the majority of stalkers will use technology—at least to some extent—as a means of tracking, spying on, or harassing/threatening their victims. Hacking into the victim’s online accounts or devices, installing spyware on the victim’s devices (or devices belonging to the children), or using built-in tracking software phone tracking or location settings in apps) allows the offender to intercept the victim’s communication with others and to learn where the victim is going and what the victim is doing. Software/apps that facilitate such spying are readily available for purchase, typically marketed as

How to prepare for a trial?

In preparing the case for trial, review any applicable model or pattern jury instructions that may be specified in your jurisdiction. Such instructions may not have been updated in response to court decisions or recent statutory amendments; they may represent an inaccurate statement of the law; they may not address issues that are important in your case. If there is no model instruction, if the model instruction does not accurately state the law, or if additional jury instructions are appropriate, draft and submit proposed jury instructions well in advance of trial. Doing so will help you present a case in which the evidence fits into the instructions the jury will receive at the conclusion of the trial, as well as help to eliminate one common cause for reversal on appeal. The court’s ruling on the proposed instructions can also help to set the stage for evidentiary rulings that will need to be made in the course of trial. Do not limit your review to the stalking instruction itself; ensure that appropriate instructions are given for any other words, concepts, or legal principles the jury will be called upon to apply when they are deliberating. For example, when there is witness intimidation involved, it may be appropriate to request a jury instruction on “consciousness of guilt”—that the jury may consider the defendant’s acts of intimidation as evidence of consciousness of guilt, in the same way it might consider flight from the scene of a crime. Provide the court with any caselaw or other authority that will support your requested instructions.

Can stalking be charged at the same time?

As noted previously, any and all applicable statutory provisions—stalking and other applicable offenses, including any witness intimidation—should generally be charged, if at all possible, in the same charging instrument. To the extent that some of the other criminal acts are within the scope of the stalking charge, some of the charges might merge at sentencing, but charging all applicable offenses maximizes the admissible evidence and the ability to hold the offender accountable for the full range of criminal conduct.

What are some examples of cyber bullying?

Examples of cyber bullying include: Posting embarrassing or offensive videos of someone . Threatening someone by email or texting. Hacking into someone’s social media site, and posting derogatory or embarrassing messages. Transmitting offensive, personal or confidential information about someone online or by cell phone.

What is cyber bullying?

It includes the use of information technology such as computers, cell phones or social media websites to threaten, harass, annoy or humiliate another person. If you are charged with a cyber bullying crime, you will need a lawyer to defend you.

Is cyber bullying a threat?

Cyber bullying does not have to be a threat of physical violence, but can be a verbal electronic posting or the transmission of an image that depicts or alleges that the victim committed certain humiliating acts.

Is cyberbullying a misdemeanor?

For offenders over 18, many states with cyber bullying laws treat the offense as a misdemeanor. Some states make it a crime to pose as a minor online and to post personal or offensive comments about a minor online. With more states considering implementing cyber bullying laws, those accused of such behavior should retain a lawyer who has knowledge ...

What are the laws against sexual harassment?

There are various federal and state laws which protect employees from sexual harassment. Such laws provide definitions of harassment, as well as various consequences for the violation. For instance, under federal sexual harassment law, sexual harassment can include conduct such as: 1 Deliberate or intentional touching of another’s body, which is unwelcome and does not contribute to the work in any way (this can include brushing up against the person’s body or other conduct); 2 Any type of communication which is of a sexual nature and does not contribute to the type of work involved (for instance, forwarding emails with sexual content); 3 Pressure or repeated requests for a date, or for sexual activity, especially directed toward a subordinate by a person in authority; 4 Displays of obscenity, especially through pictures or videos; 5 Various other types of conduct.

What are the two types of harassment?

With regard to workplace harassment, there are two main types of harassment - sexual harassment and hostile work environment .

What is harassment in the workplace?

Harassment is defined as any behavior that is offensive, demeaning, belittling, or threatening. It can also include behavior that is hurtful, embarrassing, or that seeks to undermine the person, especially in the workplace. Workplace harassment can involve many different parties, including co-workers, employers, managers, supervisors, staff, ...

What is a quid pro quo?

Quid pro quo harassment can also include situations where the higher-ranking employee threatens another worker if they refuse to perform the sexual activity. This can include withholding a promotion, terminating or threatening to terminate the employee, removing benefits, and other actions.

What is hostile work environment?

Hostile work environment claims involve conduct or communication that is considered offensive, severe, unwanted or unwelcome, and ongoing or pervasive. In order to be considered hostile work environment, the behavior must interfere with the victim’s capability to perform their work.

What is the definition of harassment?

Touching the other person’s clothing; Spreading rumors or misinformation about a person’s sexual life; Various other types of conduct. Harassment laws also lay out various employee responsibilities when it comes to workplace harassment.

What is sexual harassment in schools?

This includes inappropriate touching, advances, jokes, and other behavior. Harassment can also occur in a manner that violates criminal laws.