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  #1 (permalink)  
Old 03-27-2008, 04:28 PM
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Exclamation brother charged with stalking

my brother is currently incarerated with misdemeanor stalking. he hasnt been the model citizen all of his life and was not granted bail. The situation occurred when he caught his girlfriend in the car with another man. She drove off fast and he followed her. no monetary damage was done, but she was scared because she ran around town trying to give him the slip, but it didnt work. Because of this, he has been charged. He is being represented by a public defender due to lack of money. We are thinking of something along the lines of "diminished capacity" for a defense, but in a misdemeanor trial, is that really necessary? We have character witnesses lined up to testify to his true behavior, which is very laid back. Althought not a truly serious crime in comparison to most, being convicted will violate his probation (which was NOT for a violent crime) and he could service a year in jail just for his girlfriend cheating on him.

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Old 03-27-2008, 11:37 PM
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Quote:
Originally Posted by wild1feru View Post
my brother is currently incarerated with misdemeanor stalking. he hasnt been the model citizen all of his life and was not granted bail. The situation occurred when he caught his girlfriend in the car with another man. She drove off fast and he followed her. no monetary damage was done, but she was scared because she ran around town trying to give him the slip, but it didnt work. Because of this, he has been charged. He is being represented by a public defender due to lack of money. We are thinking of something along the lines of "diminished capacity" for a defense, but in a misdemeanor trial, is that really necessary? We have character witnesses lined up to testify to his true behavior, which is very laid back. Althought not a truly serious crime in comparison to most, being convicted will violate his probation (which was NOT for a violent crime) and he could service a year in jail just for his girlfriend cheating on him.

Suggestions?
How is he acting on diminished capacity? Diminished capacity is usually argued in this cases where a life hangs in the balance, as in a murder trial, when the defense is pressing for a manslaughter charge, as opposed to murder one. Nonetheless, every time someone loses their temper or finds a spouse cheating---isn't automatic dismissal of the laws that protect everyones right of association, freedom of speech, gathering, etc.

Also, you decline to mention what his priors were. That IS relevant.

You say he could serve a year in jail because his gf cheated on him? No, he could serve a year in jail because HE STALKED her--and posed a credible threat to her by persisting to follow her against her wishes. Her having an affair isn't a crime. Stalking and following someone, posing a credible threat IS a crime. Be clear about why he could go to jail. There is no relationship between her cheating and his being charged.
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Old 03-28-2008, 09:55 AM
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Originally Posted by wild1feru View Post
We have character witnesses lined up to testify to his true behavior, which is very laid back.
I don't suggest having any character witnesses. The prosecution is precluded from attacking a defendant's character, unless the defendant puts his character in issue.

Once your bro's character witnesses testify, the prosecution is free to bring up all his dirty laundry to counter the testimony.
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