What to Do If Your Ex Accuses You of Stalking Them

 Posted on January 13, 2022 in Criminal Defense

The term “stalking” is sometimes used in an informal or even joking manner. For example, someone may say that another person is “stalking” their social media if that person comments on every post.

In reality, stalking is considered a serious criminal offense in California. An individual convicted of stalking could face up to five years in prison.

If your ex has accused you of stalking him or her, do not make the mistake of underestimating this allegation. You could be arrested and charged with a criminal offense. An experienced criminal defense attorney can help you defend yourself against stalking charges.

Immediately Cease Contact with the Accuser

If an ex-boyfriend, ex-girlfriend, or ex-spouse accuses you of stalking them, immediately cease contacting the victim. Do not go to the person’s home, work, or school. You may be tempted to confront this person – especially if the harmful allegations are completely made up. However, confronting the person just gives him or her an opportunity to make further allegations of stalking, intimidation, or physical violence.

Do Not Answer Police Questions

Because stalking is considered a criminal offense, you may be placed under arrest. If this happens, assert your right to remain silent. You do not have to answer any questions that police ask you.

Even if you have done nothing wrong and the accusations against you are false, you could accidentally say something that harms your case during police questioning. Tell law enforcement that you are choosing to remain silent and then say nothing.

Get Help from an Attorney

Per California law, stalking occurs when someone repeatedly contacts or follows a person in such a way that the person fears for his or her safety. An experienced criminal defense lawyer can help you defend yourself against stalking allegations and other criminal charges. The attorney may be able to demonstrate that the accuser is not credible or that you never intended to cause him or her fear. He or she may be able to find flaws in the prosecution’s claims against you and use them to obtain a dismissal or acquittal.

Contact a Palo Alto Criminal Defense Lawyer

Stalking charges can lead to significant criminal penalties, including jail time. If you have been accused of stalking, contact San Jose stalking defense attorney Cory Lee Fuller for help. Mr. Fuller can represent you during criminal proceedings and ensure that your rights are protected during any police interrogations.

Call Fuller Law Firm at 408-234-7563 today for a free, confidential consultation.

Source:

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=646.9&lawCode=PEN#:~:text=(a)%20Any%20person%20who%20willfully,of%20the%20crime%20of%20stalking%2C