what kind if attorney do i need for stalker

Full Answer

Who can witness a stalking case?

The victim or other witnesses can then describe the stalking conduct in the context of the related crime. When stalking is the primary criminal offense, it is generally best to call the victim as the first witness.

What is the job description of a stalking attorney?

It will be your job to apply that law to the facts of the case as you find them to be, after hearing all the evidence and deciding what actually occurred, and determine whether the defendant is guilty or not guilty of the crime of stalking as it is defined in our jurisdiction.

What should I do if I’m accused of stalking?

Whenever stalking behavior is uncovered, regardless of whether the facts and law will support a criminal charge for stalking, measures should be taken to enhance the victim’s safety. The victim should be offered the services of an advocate who can help create a safety plan, including recommendations to protect the victim’s digital privacy.

Why do victims of stalkers maintain contact with the offender?

It is not unusual for victims of stalking to maintain contact with the offender, despite their fears, for a number of reasons. A victim may legitimately be concerned that breaking contact will cause the offender to escalate the behavior—to become even more intrusive, alarming, or stealthy.

What is considered to be a stalker?

Stalking is defined as a pattern of unwanted behavior, directed at a specific person, which causes that person to change their routine or feel afraid, nervous or in danger. Examples of stalking behaviors include: Repeated, unwanted phone calls, texts, messages, etc. that may or may not be threatening.

Who is likely to be a victim of stalking?

The majority of stalking victims are women and most stalkers are men, but men can be victims, too. Three out of four stalking victims were stalked by someone they know; of these, 45 percent of stalkers were acquaintances of the victim and 30 percent were intimate partners.

What is aggravated stalking in Michigan?

committed in violation of a restraining order of which you had actual notice; included you making one or more credible threats against the alleged victim, a member of their family, or someone living in the same household as them; or. the second (or third, fourth...) conviction for a Michigan Stalking crime.

What is considered stalking in Michigan?

Under Michigan law, stalking takes place when a person engages in willful and continuing harassment of another human being and this harassment then causes a reasonable person to feel threatened, molested, intimidated, terrorized, harassed, or frightened.

What is the most common type of stalking?

Simple Obsessional: This is the most common type of stalker. The stalker is usually a male and the focus of the stalking is an ex-wife, ex-lover or former boss. In intimate relationships, the stalking frequently starts before the break-up.

What are the elements of the crime of stalking?

In most States, to charge and convict a defendant of stalking, several elements must be proven beyond a reasonable doubt: a course of conduct or behavior, the presence of threats, and the criminal intent to cause fear in the victim.

What is the punishment for stalking in Michigan?

Punishment: A conviction for misdemeanor stalking will result in criminal penalties, which include possible prison time and/or fines. Maximum jail time if found guilty is one year; fines may be up to $1,000, or up to $10,000 and five years in prison if the victim is a minor.

What is the penalty for stalking in Michigan?

Misdemeanor: punishable by imprisonment no more than 1 year and/or maximum fine of $1,000; if victim is under 18 and perpetrator is 5 years older than victim, a felony punishable by imprisonment no more than 5 years and/or fine no more than $10,000; perpetrator/stalker may also be placed on probation no more than 5 ...

Is harassment a crime in Michigan?

While there is no crime specifically known as harassment in the Michigan Penal Code, there are other statutes meant to punish behavior that would otherwise be known as harassment, as well as local ordinances that may further prohibit this behavior.

Is text harassment a crime in Michigan?

Is Text Harassment a Crime in Michigan? Texting can be considered harassment under Michigan law. Michigan statute defines harassment by stalking as including repeated, continuing, unwanted contact that would cause a reasonable person to suffer emotional distress and that actually causes the victim emotional distress.

What constitutes harassment in Michigan?

(d) "Harassment" means conduct directed toward a victim that includes, but is not limited to, repeated or continuing unconsented contact that would cause a reasonable individual to suffer emotional distress and that actually causes the victim to suffer emotional distress.

What happens when you get charged with harassment?

Felony charges are more severe than misdemeanors, so you can expect the penalties to be more devastating. If you were charged with a first-degree misdemeanor, you could spend up to twelve months in jail, twelve months on probation, and be required to pay a $1,000 fine.

What is stalking in a relationship?

Stalking is an unwanted course of conduct that is harassing, or annoying. Repeated harassing or annoying conduct can include, for example, repeated, unwanted threats; following of the victim; multiple unwanted emails, letters or telephone calls; and other unwanted conduct, such as destruction of personal property or vandalism. ...

What is stalking online?

When stalking occurs online, it is generally referred to as cyberstalking or Internet stalking. Internet stalking consists of using the Internet to harass, threaten or intimidate another, with the specific aim of causing fear or emotional distress.

What is a course of conduct?

Generally speaking, a course of conduct is a pattern of conduct . A pattern of conduct is conduct made up of at least two acts, that is intended to intimidate the victim or put the victim in fear.

What rights do you have when you are stalked?

These rights include the presumption of innocence until guilt is proven. Due process also requires that the prosecution prove each element of the crime beyond a reasonable doubt. A defendant may defend against a stalking charge by demonstrating the prosecution has not proven one or more elements of the offense.

What is considered stalking?

For conduct to qualify as stalking, it must be intended to harass, intimidate, or cause emotional distress. In addition, to the extent the course of conduct consists of threats against safety or property, the threats must be credible. That is, the stalker must direct specific, physical or verbal conduct that would frighten both ...

What is a monitoring person?

These include (but are not limited to): Monitoring a person’s movement or activity; either through physical or electronic means; or. Sending unwanted texts or instant messages to someone; or. Sending unwanted letters or emails; or. Following someone to or from their home, place of business, place of worship, or school.

Is stalking speech protected by the First Amendment?

Generally speaking, speech that merely annoys another individual, without more, is constitutionally protected; Mistaken identity. Here, defendant asserts that someone else — not the defendant — is the individual who has engaged in the stalking behavior.

Why do you need a lawyer for a contract?

Even in transactional civil matters, such as drafting a contract, a lawyer can be very helpful. A lawyer can make sure contracts are drafted correctly and avoid problems at a later date. A real estate purchase, business purchase, and/or creation of a trademark or copyright will most likely involve a lawyer.

What kind of services do lawyers provide?

Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases. Some lawyers specialize in one or two types, such as family and divorce law.

What is family law?

Family law is law that involves family matters. These matters can include marriage, divorce, adoption, child support, custody and establishing parentage. In most cases, marriages do not require a lawyer but a prenuptial agreement should be reviewed by a lawyer.

What is a lawyer?

A lawyer is an individual who is licensed to practice law in a state. Lawyers are also known as attorneys or an attorney at law. Some lawyers are licensed in multiple states. Some lawyers are admitted to practice at the Federal level as well.

Why is it important to have a family lawyer?

It is important in divorce cases for an individual to have a family lawyer representing them to ensure their rights are protected.

What is personal injury?

In a personal injury suit, an individual is injured, mentally and/or physically, because of an accident, defective product, or an act or failure to act by another. A court may award a plaintiff in a personal injury suit monetary damages for their injury. Civil law cases can be complex.

What is civil matter?

Civil matters include contract disputes between businesses, real estate, and personal transactions. Unlike criminal cases, there is no determination of guilt or innocence. Usually, the parties may only recover monetary damages, including punitive damages in some cases.

What Services Can Lawyers Help Me With?

A lawyer is a professional who is licensed to practice law by the governing Bar Association in the state where they practice. Lawyers are also known as attorneys when they represent clients in court.

What Types of Lawyers are There?

There are numerous types of laws in effect in the United States, with new laws being put into action constantly in our common law system. There are just as many types of lawyers who can help you navigate their specialty.

How Carey Leisure & Neal Can Help

No matter what kind of situation you find yourself in, the team at Carey Leisure & Neal is happy to help guide you in the right direction. We have worked hard to find the top local attorneys in each area of practice and would be happy to provide you with a referral.

What is transactional lawyer?

The transactional lawyer will incorporate your startup, help secure funding, draft your employment and non-disclosure agreements, issue stock, spin off subsidiaries, and countless other tasks associated with operating your business. Unlike the business litigation attorney, the transactional lawyer does not go to court.

Why do you need a defamation attorney?

You want a defamation attorney if you need to take someone to court for defaming your character through libel and/or slander, or if you’ve been accused of causing harm to the reputation of another individual or business by making false and defamatory statements of your own.

What to do if you have been injured in a car accident?

If you’ve been injured in a car accident, find yourself a personal injury attorney. These lawyers are experienced in dealing with insurance companies and helping you obtain the maximum recovery in light of the liability and damages issues involved. Personal injury lawyers don’t just handle car-accident cases. Typically, this is the type of lawyer you need if you’ve suffered a physical injury as the result of someone else’s negligence. Examples include “premises liability” cases (such as where you’ve slipped and fallen at a commercial establishment due to an unsafe condition), medical malpractice cases, and animal attacks.

What do real estate lawyers do?

Real estate lawyers deal with rights concerning land, water, and structures. Perhaps you need to determine whether a lien has been asserted against your property, or you need to carve out an easement. Maybe you need to divide one lot into two or more lots, or change the zoning classification, or move a boundary line.

What are some examples of premises liability?

Examples include “premises liability” cases (such as where you’ve slipped and fallen at a commercial establishment due to an unsafe condition), medical malpractice cases, and animal attacks. 10. Real Estate Lawyer. Real estate lawyers deal with rights concerning land, water, and structures.

What is a traffic lawyer?

Traffic Lawyer. Traffic lawyers are often considered a type of criminal-defense lawyer, but there’s a big difference between being accused of murder and being accused of running a red light, and different considerations come into play in formulating defense strategy.

What do you want from your ex wife?

You want a divorce. You want custody of your kids. Your ex-wife wants an increase in her spousal support and you’d rather not give it to her. You’re getting married and you want to ensure you won’t lose half of everything you own if you ever get a divorce. If your legal needs involve family relationships and obligations, you need a family lawyer.

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