Dating Apps and Social Media Interfaces

Often overused, the term stalking shows up regularly in texts and conversations. Too many questions or constant use of the location app often results in people mentioning stalking casually. However, when facing criminal charges of stalking, it is essential to have a criminal defense attorney at your side to ensure the best possible outcome. In San Diego, stalking is a serious crime and can result in protective orders, fines, and time in jail. Although many people do not know that stalking is a punishable crime, it is crucial to get professional legal help when facing these charges because a conviction can be devastating.

Local Knowledge and Experience in Stalking Cases

When facing charges of stalking, find a local and established defense lawyer. Experience working with the court staff, knowledge of the judge's decision-making history on similar cases, and understanding the laws about stalking will be critical to getting a stalking case dismissed to charges significantly reduced. Typically, professional defense attorney offices will offer a free consultation. In this initial consultation, details are gathered, and the next steps are explained. Speaking with someone qualified and knowledgeable often provides priceless peace of mind to the accused and their loved ones. The unknown makes facing charges so scary, and a professional criminal defense attorney will clarify the situation and help determine the best defense for her client.

Gathering Critical Details and Witness Testimonies

It would be ideal if, once someone is charged with stalking, the accused could call on a friend and ask them to provide a testimony that could successfully counter all the evidence presented by the prosecution. However, this is not likely without a professional attorney asking. Experienced attorneys know how to get counterevidence that will be admissible in court, obtain the best counter to the prosecution's evidence, and get witnesses whose testimonies will hold up in court.

Getting the right evidence and details that help present a strong defense is critical. Trying to go about fighting criminal charges for stalking alone is a mistake. Even though it is the law for a court-appointed attorney to be assigned to every case, they cannot provide the same level of service and dedication to a favorable outcome. San Diego courts are busy catching up from a long backlog of cases due to COVID-19 lockdowns.

Prosecution Carries Burden of Proof

The burden of proof falls on the prosecution, which is good news for anyone facing stalking charges. Therefore, the prosecution must show harassment, continuity, and a threat. Claims of harassment must be proven as willful and purposefully directed at someone that causes that person annoyance, alarm, torment, or terror. The prosecution must show continuity of the action, with at least two acts happening over a certain period of time. Continuity supports purposeful harassment, and this is an area where an experienced criminal defense attorney can be beneficial. Stalking can be verbal, written, or a combination of both. The threat must be shown as intent to bring harm to the person or their family. As social media continues to dominate, the courts are still navigating how to apply the laws with the added complexity of technological advancements.

Dating apps and social media connections are often at the core of stalking charges. It is up to the defense attorney to sort through the prosecution's evidence, fill in missing information that may benefit the accused, and present the most robust defense possible. Sometimes, the paperwork alone can be overwhelming, along with meeting deadlines and making court appearances. Having a legal professional in your corner can be the difference between facing maximum sentencing and charges or possible dismissal.

Whatever criminal charges you face in San Diego, contact the Law Office of Joni K. Eisenstein. Attorney Eisenstein has served clients in San Diego County for thirty years. She is unmatched in her skills and experience. It is never worth leaving the outcome of a case to chance. Any conviction in San Diego, whether a misdemeanor or felony, adversely affects employment, housing, relationships, and the future.

When facing stalking charges in San Diego, please do not hesitate to call a criminal defense attorney immediately. Waiting idly by will not do anything to help the situation. Call for a free case review and make sure the next steps are purposeful and beneficial to your case. A skilled attorney can negotiate bail and other sentencing terms, which may allow the defendant to keep their job and housing and minimize disruptions to their life. In the end, hiring a private defense attorney is the best decision when facing criminal charges for stalking in San Diego.