in Protecting Defendant in a Criminal Harassment Cases
What you can do if someone files criminal harassment charges against you? Can you defend your position against such charges? Well, these are some of the questions we will be looking into in the following sections so that you can take the right steps in case you have to face such situation.
What falls in the category of criminal harassment?
Criminal harassment takes place when someone repeatedly watches, stalks, attempts to contact, follows or harasses a person in any other way. The person charged with criminal harassment will be expected to be aware of the fact that the other person (alleged victim) is not interested in having any type of contact with him or her. Additionally, there should be valid reason for the alleged victim to be concerned about his or her own safety or another person's safety (as for example, a child) on the basis of certain repeated conduct by accused person.
Examples of Common Types of Criminal Harassment
Some of the most common types of criminal harassment are:
Continually calling or sending voice mail messages to a person who is not interested in talking or having any type of contact with the accused person.
Constantly stalking or following a person from one place to another.
Repetitively watching a person at his or her place of employment, residence, school or any other place.
Repeatedly messaging someone who is not interested in having any type of contact with the accused.
Is there a difference between uttering a threat and criminal harassment?
In case of criminal harassment it is not necessary that the accused person threaten violence or utter a threat. Simply stalking or continuously following someone will be ample reason for constituting a case of criminal harassment.
What is a peace bond and how accused person can get it?
In case you are accused of criminal harassment then the first thing you will have to do is hire a competent criminal defence lawyer to represent you in the court. Secondly, you need to be aware of the fact that a peace bond will be allowed depending upon Crown Attorney and on the opinion provided by the alleged victim. There are two things which you need to keep note of here:
In a situation the alleged victim does not want to have any type of contact with the accused person or/and the accused does not have any type of criminal record, then such peace bond would be considered an appropriate resolution.
Your criminal defence lawyer will only suggest acceptance of peace bond when the offense is based on factual information and Crown Attorney would be able to prove the allegation.
Are there any defenses available against such criminal harassment charges?
A criminal defence lawyer can analyze allegations levied against you to ascertain position your case is in. Your criminal defence lawyer will try to establish the fact that:
You did not perform alleged behavior repeatedly or
Fears of alleged victim are unfounded or
You were completely unaware that the alleged victim was trying to avoid having any type of contact with you.
If these points can be proven, the lawyer can utilize them and use as defence against such charges.
To summarize it can be said that criminal defence lawyer plays an important role and can help defend your position in case you face charges of criminal harassment.
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