what type of attorney do i need to file stalking charges

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 …

Is it a federal crime to stalk someone?

Overview. There are eight basic steps you must take to apply for a protection order against stalking, aggravated stalking, and harassment: Step 1: Verify that this is the appropriate application for you. Step 2: Decide where to file your application. Step 3: Prepare your application.

How do I file a stalking or harassment charge?

be alert for any and all cases—regardless of the type of crime—where stalking might appropriately be charged, request any necessary additional investigation to determine whether the evidence is sufficient, and prosecute stalking charges where appropriate. This …

What to do if you are a victim of federal stalking?

Consult an Attorney. 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 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.

How can you prove harassment?

Proving harassment to secure a convictionthe defendant has pursued a course of conduct.the course of conduct amounted to harassment of another person.the defendant knew or ought to have known that the course of conduct amounted to harassment.

What are the laws in New York regarding stalking?

New York Penal Code § 120.45: Stalking in the fourth degree is likely to cause reasonable fear of material harm to the physical health, safety or property of such person, a member of such person's immediate family or a third party with whom such person is acquainted; or.

What is considered stalking in New York State?

Stalkingis a persistent and unwanted pursuit of an individual by another that would cause a reasonable person to fear. It is an intentional and unpredictable course of conduct that can be annoying, intrusive, intimidating, threatening and harmful.

What are the 3 types of harassment?

If an employee feels unsafe in their own workplace, it is important to discuss their potential claim with a Sexual Harassment Lawyer.1- Physical Sexual Harassment.2- Verbal Sexual Harassment.3- Visual Sexual Harassment.

How do stalkers act?

Stalkers write countless letters or emails to their victims, begging for attention. They make repeated phone calls, send gifts, flowers, candies, cards. They secretly follow the victim, either by car or in an insidious way -- by getting access to the victim's email. "We've seen this in many relationships.

What is harassment NY?

In the simplest of terms, harassment is committing actions with the intent to harass, threaten, seriously annoy or alarm another person. ... Depending on the severity of the alleged action, it can be a violation-level offense, a misdemeanor, or even a felony.May 13, 2021

What defines harassment?

In other words, harassment consists of repeated and persistent behaviours towards an individual to torment, undermine, frustrate or provoke a reaction from that person. It is a behaviour that with persistence, pressures, frightens, intimidates or incapacitates another person.Aug 21, 2015

What is aggravated harassment in NY?

You strike, kicks, shove, or otherwise subject another person to physical contact (or even threaten or attempt to do the same) because of that person's race, sexual orientation, gender or other cultural beliefs; or.

What behaviors are listed as prohibited in the NYS stalking statute?

Intending to annoy, harass or alarm the victim, you engage in a course of conduct that is likely to cause that person to fear that you will physically harm, kidnap, commit a sex offense, or commit the crime of unlawful imprisonment against that person or that or that person's immediate family.

How many degrees are in stalking?

Under New York law, there are four degrees of stalking. Stalking in the fourth degree is where someone intentionally engages in behavior that they knows will create fear of harm to the victim or a member of the victim's immediate family.

How does an order of protection work in NY?

What does an Order of Protection say? An Order of Protection can require a person to stay away from another person, their home, school and work. The order could also prohibit some types of contact with the other person, or even all contact. The court can make exceptions such as to arrange visitation with a child.Sep 7, 2021

What is the purpose of providing information to the court?

Provide as much information as possible. This information allows the court to contact you about upcoming hearings or activities in your case. It also allows law enforcement to serve documents on the adverse party.

What is an adverse party?

The adverse party engages in a course of conduct that would cause a reasonable person to feel terrorized, frightened, intimidated, or harassed or fearful for the immediate safety of a family or household member, AND.

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 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 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 a criminal?

Stalking is a criminal offense that involves following, harassment, and intimidation of another person. Stalking can be committed by a group or individual. An act of stalking may involve the commission of an additional criminal offense such as identity theft, sexual assault, and vandalism. Stalking can be charged as a federal or state crime.

What is stalking charge?

Stalking Charges. Generally, the definition for stalking requires that an action involve knowing or willful behavior and a credible threat to another person. Cyberstalking is a type of stalking that involves the use of electronic communication, such as email or text messages. Aggravated stalking is a type of stalking that involves stalking coupled ...

What is aggravated stalking?

Aggravated stalking is a type of stalking that involves stalking coupled with a violation of an order not to have contact with the other person. Examples of such an order include a restraining order, a condition of probation or parole, and a good behavior bond.

What are the defenses to stalking?

There are a number of defenses to stalking. These defenses go to the wording of state or federal statutes. One common defense is lack of knowledge: the offender did not know the victim would be at a location at a given time. Another common defense is reasonableness: the victim did not act reasonably when developing a belief that they were placed in fear by an offender’s activities. A third, less common defense is that the offender’s activity is constitutionally protected. An example of such an activity is a political protest.

What is an injunction?

To better understand the connection between the two acts, know that an injunction can be civil or criminal. An injunction can take various forms, such as a restraining order, protective order, condition of probation, or condition of pretrial release.

Who is Jeffrey Johnson?

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Is stalking a felony?

Stalking can be a misdemeanor or felony, depending on what action the offender has taken against the victim. The typical penalties for stalking are incarceration and fines. A criminal judge may also impose an injunction prohibiting the offender from contacting the victim if such an injunction is not already in place.

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 long can you go to jail for stalking?

A person convicted of stalking under federal law faces a possible prison sentence not to exceed five years, a fine not to exceed $250,000, or both. (18 USC § § 2261, 3571.) Where the defendant's stalking conduct results in the death of or physical injury to another person, a conviction may lead to a sentence of up to life in prison.

Why are anti-stalking laws rejected?

Several federal appellate courts have rejected challenges to the anti-stalking statute, when the challenges were based on free speech as protected by the First Amendment. The reason given by the courts for rejecting this challenge, in general, is that the statute bars conduct and is not addressed primarily to speech. This was the reasoning used by the U.S. Court of Appeals for the Ninth Circuit in a June 2014 decision, U.S. v. Osinger, No. 11-50338, upholding the anti-stalking statute. And, where communications by a stalking defendant are "integral" to the crime of stalking (such as verbal or written threats), the defendant cannot successfully challenge the law based on the First Amendment.

Is stalking a federal crime?

Every state has some version of an anti-stalking law that makes it a crime to engage in the conduct that is prohibited under the federal law. So, if a person stalks another individual but does not do so in a way that falls under the federal law (for example, the stalker does not use the phone, Internet, or mail, and does not travel across state lines to engage in the conduct), that person may still be chargedunder state anti-stalking law.

Is stalking a crime?

Stalking under federal law is a very serious crime and carries a potentially severe sentence. If you or someone you know is charged with the crime, see an experienced criminal defense lawyer in your area. If you believe that you or someone you know has been the victim of stalking, contact the law enforcement authorities right away.

What is harassment in court?

Courts have defined harassment as it is commonly understood: repeated words, conduct, or action that serve no legitimate purpose and are directed at a specific person to annoy, alarm, or distress that person.

Is stalking a single act?

In general, a single act will not amount to "stalking," as that term is defined by federal law. Stalking requires a "course of conduct," which courts have held means a pattern of conduct made up of two or more acts intended to accomplish a particular purpose (such as intimidation).

What information is required to be kept out of court papers?

You must keep certain information (“confidential personal information”) out of any papers you file or submit to the court. You must instead, provide that information in a Confidential Information Form. “Confidential Personal Information” includes social security number; date of birth; former legal names; driver license numbers; and employer’s name, address, and telephone number. It also applies to information about a party or a party’s child. On the document where that protected personal information would otherwise appear, you must note that the information has been separately provided under UTCR 2.130. (UTCR refers to the Uniform Trial Court Rules that apply across the state).

How to stop a person from contacting you?

Use a blue or black pen and write clearly. You are the Petitioner and the person you want to stop contacting you is the Respondent. Answer each question on the Petition carefully and tell the truth. Make sure that you fill out the Petition completely. You must sign in front of a notary or court clerk. Bring ID (photo ID is best). If available, a court facilitator or advocate may be able to help you with the forms. They cannot answer legal questions. After you fill out the Petition, submit it to the court.

What is the definition of a "forced" contact?

the Respondent must have intentionally, knowingly, or recklessly engaged in repeated and unwanted contact that alarmed (frightened) or coerced (forced) you or a member of your immediate family or household within the last two years,

What happens if you check Box 20?

If Box 20 is checked, you are immediately prohibited from purchasing or possessing any FIREARM, including a rifle, pistol, or revolver, and AMMUNITION (ORS 107.718(1)(h)). You may be held in contempt of court for violation of this prohibition.

Is UTCR 2.130 confidential?

NOTE TO COURT STAFF: Unless ordered or authorized under UTCR 2.130, this Confidential Information Form is not available to the opposing party or his/her attorney, or to the public; except for the state and law enforcement.

How to file a civil lawsuit against a harasser?

To file a civil lawsuit, you need to get an attorney that specializes in civil harassment cases. Gather as much evidence of harassment as you can, as it is easier to prove harassment in a civil court because you do not have to prove the offense beyond a reasonable doubt. Civil lawsuits are typically filed to get the money that you need to cover the damage inflicted by the harasser. That is why you will also need to provide evidence of the damage caused by the harassment.

What to do if you are harassed?

Inform the operator about your whereabouts and explain to them what is going on. More often than not, the operator will stay on the line until law enforcement comes to your aid.

What is harassment charge?

Harassment charges typically occur when one individual threatens to injure another or do physical damage to the targeted individual’s property. The first step in taking legal action for harassment includes a 911 call placed by the threatened individual. However, a harassment charge is brought against a defendant by a particular city ...

How much jail time is there for a felony?

Harassment. In the case of Gross Misdemeanor Harassment charges, the perpetrator might face a 364-day jail time penalty and a $5,000 fine.

What is misdemeanor harassment?

Misdemeanor harassment occurs when a person: Willingly and without legal authority threatens to: Immediately or in the future cause bodily harm to the threatened individual. Cause physical damage to the victim’s property. Confine or restrain the victim.

What is a PDA?

You can sign a Pre-Trial Diversion Agreement (PDA), which is a contract between the prosecutor and the defendant. If the defendant successfully abides by the terms of the Pre-Trial Diversion Agreement, the harassment charge gets dropped at the end of the term established by the PDA.

What is the most common type of harassment?

Although there are many different types of harassment offenses such as sexual harassment or stalking, the one that has become increasingly more common — due to the availability and accessibility of technology — is internet harassment.

Stalking Charges

• Generally, the definition for stalking requires that an action involve knowing or willful behavior and a credible threat to another person. Cyberstalking is a type of stalking that involves the use of electronic communication, such as email or text messages. Aggravated stalking is a type of stalking that involves stalking coupled with a violation of an order not to have contact with the o…

See more on freeadvice.com

Penalties For Stalking

Defenses

Stalking vs. Violating An Injunction