i just want an opinion about what to do. What if you were arrested for stalking
ID: 3493236 • Letter: I
Question
i just want an opinion about what to do.
What if you were arrested for stalking and harassing your boyfriend/girlfriend based on claims made by your boyfriend/girlfriend? You know that you did not stalk or harass her/him, but you are booked and told that you will see a judge the next morning. While in jail, you hear from other arrestees that the judge is one of the harshest judges. Later that day, you hear from your public defender that the prosecutor would agree to a plea bargain. You admit the charges and you will receive a sentence of one-year probation. The prosecutor also tells you that he will ask for a jail sentence if you don’t agree to the plea and that the judge will send you to jail. Would you agree to the plea? What are the consequences of being on probation? If you would not agree to the plea, how concerned would you be about being send to jail for a crime you did not commit?
Explanation / Answer
What is stalking or harassment?
Stalking occurs when a person who has no legal reason to contact you, continues to bother you after you have said you want to be left alone .This repeated, unwanted contact can make you afraid for your personal safety .We call this behaviour stalking and it is against the law. In Canada, when criminal charges are laid by the police for stalking,
the crime is known as criminal harassment .This booklet will help you understand stalking and find ways to protect yourself .
Do not blame yourself if you are being stalked – YOU are not causing it.Stalking can happen to anyone . We use the term target, to refer to anyone who is being stalked. Targets are most often women, but children, teenagers and men can also be targets.
Stalking may include:
Stalkers sometimes also break other criminal laws, such as intimidation, uttering threats, making harassing
phone calls, trespassing and mischief .It is important for you to report these offences to your local police .
They will decide if any criminal laws are being broken, and will lay criminal charges if appropriate .
How stalkers are booked?
Once the police have enough evidence against a person, they will lay criminal charges and a judge or the police will decide if the accused should be released.
Regardless of how or when the accused is released, he/she will be ordered not to communicate with the victim or go near where the victim live, work, go to school or worship .
Failure to follow these conditions will result in further criminal charges for the accused .
The Legal System
In Manitoba, there are three different kinds of courts that offer help to victims of stalking/criminal harassment:
Criminal Court
Criminal court is mainly concerned with deciding whether a person has or has not committed a crime .
In Manitoba, when criminal charges are laid for criminal harassment or domestic violence, the police are responsible for laying the charges .
A Crown attorney is a lawyer who works for the government and prosecutes the case .If an accused is found guilty or pleads guilty to the offence, the judge will impose a sentence .
A Manitoba Justice Victim Services worker will contact the victim when criminal harassment and/or domestic violence charges are laid, to offer information and support .
Under The Victims’ Bill of Rights, anyone who is a victim of criminal harassment can register for certain rights, such as notification of court dates and developments in the case .
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