What constitutes stalking?

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What constitutes stalking?

I was arrested for stalking a co-worker. I am alleged to have sent the co-worker and her boyfriend several e-mails pertaining to this co-worker’s personal life. As far as I know there were no threatening e-mails sent. According to police, the worst e-mail states that the person stalking witnessed the co-worker’s boyfriend leaving her home 1night. The police say this e-mail shows that the co-worker was being under surveillance. The other e-mails talk about the co-worker’s sexual history. The reason I was arrested was that the IPaddress attached to the e-mail accounts trace back to my home IP address. Should I speak with a criminal defense attorney? In GA.

Asked on March 21, 2011 under Criminal Law, Georgia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It sounds as if the prosecutor can meet the elements of the crime of stalking, especially with the one email alone that discusses you witnessing the boyfriend leaving the co-worker's home. Unless the two of you are roommates or your home is situated in such a way that you can always look out your window and see what happens, you will definitely need to speak with legal counsel to help mitigate this situation. Have you considered the implications this charge and possible conviction can have on not only your career and employment status, but also your credit report? Speak with a criminal defense attorney who has experience with co-worker to co-worker stalking issues and see if he or she can give you an initial glimpse as to your case's high points (good for you) and low points (good for the prosecutor).


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