Savannah Stalking Lawyer

Savannah Stalking Attorney

Every American citizen has a right to privacy, and when someone violates that right in a manner meant to intimidate or harass, it can be considered stalking. If you have been charged with stalking in Savannah, the outcome of your case may negatively impact your life in many ways for years to come. It’s vital to know your rights in terms of defending against this charge and the value of hiring a Savannah stalking lawyer to defend you.

Stalking cases can be complex and emotionally stressful for all parties involved. Some people are falsely accused of this crime, and victims may reasonably fear for their safety even if the intention behind the distressing behaviors was not to cause harm. Ultimately, it can be challenging to resolve these cases, and many of these cases are reduced to one party’s word against another’s.

New South Law, LLC, can provide comprehensive defense counsel when you have been charged with any type of stalking offense in Savannah. Our years of experience have resulted in strong professional relationships with many court officials in Savannah, so we know how they pursue prosecutions in all types of criminal cases. We are ready to guide you through the difficult proceedings ahead of you.

Criminal Defense Counsel for Stalking Charges in Savannah, GA

The attorneys at New South Law, LLC, have decades of combined experience covering all aspects of criminal defense, including local, state, and federal cases, as well as military criminal defense. We are confident in our ability to deliver the highest caliber defense representation in the most complex cases in Savannah and the surrounding communities, and we can leverage this experience in your pending stalking case.

In any criminal case, it is vital to capitalize on your right to legal counsel immediately. Once you have an experienced attorney on your side, they can analyze the charges against you, help you determine your most viable defense strategies, and prepare you for the challenging proceedings ahead. In every case our team accepts, the attorneys at New South Law, LLC, strive for case dismissal if possible or argue for a lighter penalty for our client if necessary.

Do not assume that you can manage your case alone, even if you know you have not committed the offense. You could overlook crucial avenues of defense or make procedural errors that jeopardize the outcome of your case. Even if you know you have done nothing wrong and have been falsely accused and/or wrongfully prosecuted, you need to have experienced defense counsel on your side to reach a positive conclusion to this case.

Know Your Rights During an Arrest in Savannah

The US Constitution preserves the rights of all American citizens, and two Amendments directly come into play upon arrest for any criminal offense. First is the Fifth Amendment right to remain silent during an arrest. You are not required to act as a witness against yourself or answer any questions from the police while in custody. If you have been charged with any crime in Savannah, comply with the arresting officers’ instructions and remain silent.

The Sixth Amendment ensures your right to legal representation as well as a speedy and fair trial. You have the right to an attorney, so you should remain silent through your arrest and booking until you can speak with a defense lawyer you trust. As soon as you secure defense representation, your Savannah stalking lawyer can review the details of your arrest and explain your most viable defense options in this challenging situation.

When the police conduct an arrest for any type of criminal offense, they are required by law to read the suspect their Miranda rights, which is a concise explanation of these constitutional rights in this situation. If they do not, it is a very serious due process violation. If this occurs or if any other issues arise during arrest and booking, it is crucial that you notify your defense attorney right away so they can determine what you should do.

Defining Stalking and Aggravated Stalking

“Stalking” is defined as the intentional violation of another person’s privacy. The intent behind the behavior could be a wide range of possible motivations; but any type of stalking can potentially lead to criminal charges regardless of intent. Some of the most common examples include:

• Intentionally following another person. It is possible for this behavior to begin without the stalker intending for their target to know they are following them. If the target notices and tells them to stop, any further following would be considered as intended to cause distress to the victim.
• Driving by another person’s home, workplace, or school. This behavior may also begin without the target’s awareness. Once they notice a pattern of someone watching them at various places, it constitutes stalking.
• Secretly recording or photographing another person without their consent. In the state, it is legal to record others in public places without their knowledge or consent, but it is illegal to record another person in their home or other private property. It is also illegal to use hidden cameras inside another person’s private property without their knowledge or consent.
• Sending any unwanted messages, gifts, or threats to another person or their family. Most stalking cases arise when the stalker contacts their target through some line of communication. Note that it is possible for someone to be charged with stalking even if all their activities occur on the internet.
• Cyberstalking, such as creating social media profiles to follow another person online. Even if the stalker uses aliases and tries to hide their identity, all such actions can be traced back to them and will prove a pattern of behavior intended to harass or intimidate.

It is possible for stalking to be done covertly for various reasons, and the stalker may attempt to hide their activities as much as possible. Stalking may also be done for the purposes of harassment, intimidation, or revenge of some kind. Stalking is usually charged as a misdemeanor, but upon a second conviction, the offense is upgraded to a felony and will incur more severe penalties for the defendant.

Aggravated stalking occurs whenever an individual stalks a victim while under a protective or restraining order. It is relatively common for the victim of stalking to seek a restraining order after a first stalking experience, and if the stalker violates this order, they have committed aggravated stalking. Penalties for aggravated stalking can include very heavy fines, restitution to the victim, and incarceration in state prison for several years.

Understanding the Burden of Proof in a Criminal Case

In every criminal case, the standard of proving a defendant’s guilt is beyond a reasonable doubt. This means that the prosecution must present evidence and witness testimony that shows the defendant committed the offense and that there can be no room for doubt as to whether they are guilty. It is your defense attorney’s job to prevent them from meeting this burden of proof if you have been charged with a criminal offense.

When it comes to stalking cases, the prosecution must prove that the defendant knowingly invaded the victim’s privacy and that their actions met the state’s definition of stalking or aggravated stalking. The prosecution needs to produce evidence showing that the defendant knowingly and intentionally engaged in a pattern of harassment and intimidation.

Potential Defenses Against a Stalking Charge

It is possible for a defendant to argue that they never intended to harm, threaten, or harass the victim, and if they were exercising constitutional rights, such as reading public social media posts or visiting public places, then they have not actually met the legal definition of stalking. In order to be convicted of stalking, the defendant must have engaged in their actions with the intention of harassing, intimidating, or otherwise causing distress to the victim.

It is not a valid defense to claim that the stalking behavior never occurred in person and only occurred digitally, nor is it a defense to claim that the victim did not suffer any physical harm. The defendant may, however, argue that a reasonable person likely would not have been distressed by their actions or that the actions were happenstance and did not meet the definition of a pattern of intentional behavior meant to cause harm.

Any actions that can be attributed to stalking may qualify as grounds for criminal prosecution if any reasonable person subjected to those actions would be afraid for their safety. This usually entails some degree of communication between the stalker and the victim. However, if no direct communication occurred, it is still possible for someone to be charged with stalking when their actions caused the victim to fear for their safety.

It is also possible for someone to be falsely accused of stalking. This may happen after personal, romantic relationships or marriages end, and the alleged victim may use a chance meeting or other random incident as grounds to accuse the other of stalking. Ultimately, these cases can be difficult for the prosecution to prove, but a defendant may also have trouble proving that their actions were not intended to harass or intimidate.

What to Expect From Your Savannah Stalking Lawyer

When you have been arrested and charged with stalking, it is very important that you exercise your constitutional right to remain silent until you can speak with a Savannah stalking lawyer. Your defense attorney can review the details of your case and help you build your defense. Ideally, they will attempt to clear your name of a wrongful accusation and assist you in securing a case dismissal. If necessary, they can help you secure a lighter penalty for conviction.

Prosecutors in the Savannah criminal court may be willing to plea bargain with some defendants, usually those who have little to no criminal history. They may offer a plea bargain if they are certain they can secure a conviction but wish to conserve court resources, but it is also possible for a prosecutor to offer a plea deal when they are unsure they will be able to convict, hoping the defendant essentially does the work for them and agrees to accept the deal.

In most plea deals, the defendant agrees to submit an immediate guilty plea in exchange for a lighter sentence and/or reduced or dropped charges. If you know you have broken the law and committed the offense, it is likely that the prosecution has built a strong case against you, and a plea deal may be your most viable option. Ultimately, every case is unique, and you need an experienced defense attorney to help you reach an optimal result.

When you choose New South Law, LLC, to represent you, our team will immediately review the details of your arrest and booking to verify that the arresting officers respect your rights. If any violations of due process occur, we can inform you as to how these issues may impact your case. You can rely on our team to advise you prior to your preliminary hearing, where a judge will formally read your charges, and you will have the opportunity to enter your plea.

Our goal in every criminal case we accept is case dismissal if possible or helping our client mitigate their sentence if necessary. No criminal defense attorney can ever promise any client a specific result to their case, but we can guarantee that you will have an unwavering legal advocate on your side through every stage of your proceedings when you choose our firm to represent your defense.

Secure Defense Counsel for Your Stalking Case in Savannah

Time is a crucial factor in every criminal case in Savannah. Whether you have been charged with stalking or aggravated stalking, you can be sure that as soon as you have been arrested, the prosecutor handling your case is already building evidence against you. You have a limited time in which to secure legal counsel, and the right Savannah stalking lawyer can be the ideal asset in this challenging situation.

New South Law, LLC, can meet with you immediately following your arrest and assist you in building strong legal strategies for contesting the stalking charge filed against you. It is crucial to start building your case right away, so contact our team today to schedule your initial consultation with a Savannah stalking lawyer you trust with your defense.