You may not realize that having a heated argument with another person could possibly result in you being arrested for harassment. Colorado law states that directing what may be construed as offensive language toward someone in a public place could be considered harassment. Even though a charge of harassment is a misdemeanor, it could mean a $50.00 fine or 6 months in jail. You should take any accusation of harassment seriously and contact an attorney asap. If the case does go to court, the prosecutor will have to prove intent, that you actually meant to badger the plaintiff. He will call witnesses to testify as to your behavior – if you were openly hostile to the plaintiff, for instance. You will need a good defense attorney to present your side of the story in court.
Stalking is a more serious charge and in fact can be considered a felony. In order to establish guilt the state must prove that the defendant created a “pattern of fear” by following the alleged victim, or threatening his person or property. Posting damaging information, or using the internet to find personal information about someone else may be considered as the modern-day version of stalking, and is prohibited by law. A first offense conviction of stalking can carry a prison sentence of up to 3 years and you may be fined anywhere between $1,000.00 and $100,000.00.
If you are accused of stalking, your attorney will immediately advise you to keep your distance from your accuser and to avoid talking to the authorities without legal representation. He will explain how the courts work and suggest a method of defense for your particular case. He may contend that you weren’t intentionally following the victim, but that you just happened to be in the same place at the same time. It will be up to the prosecutor to prove otherwise. Another possibility is that your attorney will be able to convince the court that the victim is lying, or that he mistakenly identified you as his stalker.
Parker Lawyers is a well established firm with experience in all facets of criminal and civil law. Phone – 303-841-9525, or fax them @ 303-841-0881.