California has always been a state leading in legislation, especially legislation that addresses criminal issues that are increasingly important to the public. In 1990, California enacted the first law criminalizing stalking in the country. Stalking or harassment charges are incredibly serious, and that cannot be overstated. Some people fail to see the serious of such charges, but recall for a moment the language used in the Declaration of Independence, the document that gave rise to our Constitution. Perhaps the most important principles established was that government’s purpose is to protect individuals, ensure their safety by creating laws that uphold individual’s inherent rights to “life, liberty, and the pursuit of happiness.” Depending upon the nature and severity of stalking or harassment, these three rights can be encroached upon. For an individual to be stalked, every day, by another following him or her to work, to personal outings, to his or her home, etc., in addition to acting threatening, it can become impossible for a person to have a normal life without interference from another person.
Consequently, such charges are serious as they have been conceived to represent an affront to our most cherished rights, as demonstrated by our freedom to interact with others in a safe and non-threatening manner. This is why the laws against stalking and harassment are so stiff. But the rationale behind such laws should not be linked with the automatic presumption of guilt for those who are charged with such offenses. In such cases, more than other types, there’s a fundamental conflict between people. There is a social problem, and like many situations in which the problem is one between people who may not be strangers, for instance, there can be varying accounts and grey areas. It is our job to analyze these grey areas to provide you with a good defense against such charges, which is based on the fact that most interpersonal conflicts and accusations that result from them are not simple but complex matters, deserving of further scrutiny, in the interest of justice.
There are plenty of cases where a person is charged with stalking or harassment as a result of the alleged victim filing a formal complaint, but without the accused even knowing that their behavior was unwanted or was perceived as threatening by the complainant. Contact through e-mails, texts, phone calls, etc. can be used as probable cause for an arrest and charge of stalking or harassment. But as we know, especially with communications as texts and e-mails, tone cannot easily be identified, and messages can be misconstrued to the detriment of the accused. Sometimes, even, a seemingly innocuous violation of the terms of a restraining order can lead to such charges. With instances such as these, it is in your best interest to call our office for a complimentary consultation, so that we can advise you regarding we can help you. Although the truth may be in your favor, in many instances the presence of such charges can be viewed prejudicially against you in a court of law, especially if the matter escalates to the trial phase, and you are to be judged by a jury. Therefore, let us help you defend you against the charges and defend your name.