Protecting Yourself Against a Stalking Charge

Stalking allegations place your freedom and reputation on the line. Never assume that a stalking charge will resolve on its own. While the accusation may be entirely false, your civil liberties hang in the balance, requiring you to retain experienced representation on your side.

Waiting to obtain counsel will only hurt your case, giving the prosecution an unfair advantage. If you or a loved one has recently been accused of stalking, Mette Law is here to represent your interests. Our criminal defense attorneys in Harrisburg, PA, have successfully defended thousands of defendants against stalking charges, helping clients achieve the best possible outcome.

Defining What Acts Constitute Stalking in Harrisburg, PA

Pennsylvania law defines stalking as either repeatedly following a person without their permission or repeatedly communicating with them, causing them to fear for their safety or to experience severe emotional distress. Essentially, any pattern of unwanted behavior toward another person can be considered stalking. Specific examples of stalking may include:

• Following a person to their home or apartment
• Appearing at someone’s workplace or school
• Confronting someone at a public place or on private property
• Leaving unwanted items or presents at someone’s workplace
• Repeatedly contacting another person through phone calls, e-mails, texts, or instant messaging

Defenses Against Stalking Charges

If you have been charged with stalking in Harrisburg, PA, the first phone call should be to a criminal defense attorney. More specifically, you want to find someone with ample experience defending individuals charged with stalking and who knows how to craft a winning defense.

There are various defenses available to get the charges against you dismissed, some of which include:

Fabricated Claims

If there is lingering animosity or the victim wants revenge on the defendant, they may falsely accuse them of stalking. In the event of a fabricated or exaggerated claim, the prosecution’s evidence will likely be weak. Being at the same place as the victim on more than one occasion does not count as stalking.

Alibi

If you were elsewhere at the times that the victim alleges stalking behavior was occurring, this is known as an alibi. You will want to get the person you were with to testify to your whereabouts to prove an alibi. A witness who appears confident on the stand will come across as trustworthy, strengthening their credibility.

The rules allow reputation evidence to be admitted at trial to attack or support a witness’s testimony. This may include specific instances of the witness’s behavior. If the prosecution can discredit your witness, you risk losing the jury’s trust and, ultimately, your case.

Illegally Seized Evidence

Law enforcement must obtain a search warrant to search your home or any place where you reasonably expect privacy. Although there are limited exceptions, any illegally seized evidence is inadmissible in court, including any evidence discovered due to the unlawfully gathered evidence.

While the prosecution must disclose evidence demonstrating your lack of liability or innocence (known as the “Brady rule,”) that does not mean they will be as proactive in identifying illegally seized evidence. That is why hiring experienced counsel is crucial to safeguarding your rights.

Speak with a Skilled Criminal Defense Lawyer Today

At Mette Law, we understand the impact an arrest or charge of stalking can have on your life. If you are currently being investigated for stalking charges or have been accused of stalking, our criminal defense attorneys in Harrisburg, PA, would like to speak with you.

Our legal team will pursue every avenue to protect your interests, fighting for a suitable plea agreement and even appealing your case. To protect your freedom, contact us online or call (717) 232-5000 to schedule your consultation.