Katie and Mark after a jury trial.
Last week, the Law Office of Mark Nicholson was fighting for our client during a jury trial. Our client was found Not Guilty of felony Stalking.
Stalking Defined:
Generally, stalking is defined as the unwanted pursuit of another person. This can include following a person, showing up at a person’s home or workplace, making harassing phone calls, leaving written messages or other objects, sending unwanted emails or even vandalizing a person’s property. By definition, these actions must continue over time to constitute stalking.
In most cases, the perpetrator’s actions are considered in connection with other actions to determine if someone is being stalked. Repeated harassing or threatening behavior toward another person, will be analyzed in the context of whether the aggressor is a total stranger, slight acquaintance, current or former intimate partner, or anyone else.
Many stalking cases coincide with incidents of domestic violence, as a considerable number of stalkers were once in romantic relationships with the people they are stalking. Whether or not you are familiar with someone who may be stalking you, Indiana offers multiple kinds of protective orders for alleged victims to keep their stalkers away.
What to Do and Not Do
If the police are investigating you or you are charged with stalking, you should retain an attorney experienced with stalking cases. Be prepared to give your attorney any information you have about the case, the alleged victim, and your relationship with the alleged victim.
There also are several things you should not do if you learn you are being investigated for or charged with stalking. For instance, you should not:
- try to talk to the alleged victim about the case or have any contact with the alleged 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.
Defenses
As with any criminal charge, the prosecution must prove stalking beyond a reasonable doubt. The following are examples of arguments that, if applicable, are defenses to the charge of stalking:
- the prosecution failed to prove each element of the crime beyond a reasonable doubt
- the victim lied about what happened, and
- the victim intentionally or mistakenly identified the wrong person as the offender.
Get Legal Help with Your Stalking Case in Indiana
Stalking is major felony in Indiana. But, it’s not always clear what constitutes stalking. Sometimes it takes the expertise of an experience trial attorney to craft a solid defense against these charges. If you’ve been charged under Indiana stalking laws, it’s a good idea to get in touch with the Law Office of Mark Nicholson to discuss the facts of your case and start crafting your defense.
