Legal Question in Criminal Law in California

stalking

can they charge someone with stalking

based only on the other person words?


Asked on 7/07/09, 9:27 am

5 Answers from Attorneys

Brian McGinity McGinity Law Office

Re: stalking

Yes, you can be charged with a crime based on a single witness statement or on the victim's statement. However, getting a conviction might be difficult. It will simply depend on the creditability of the witness or victim. If the case actually goes to trial it will depend on the jury and if they were persuaded beyond a reasonable doubt that the crime took place. Good luck

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Answered on 7/07/09, 8:41 pm
Joe Dane Law Office of Joe Dane

Re: stalking

The short answer is yes. The longer answer is: it depends.

The prosecution can rely on just one witness and the law allows a jury to convict based on the testimony of one witness alone if that sole witness has such convincing force to prove the case beyond a reasonable doubt.

In a stalking scenario, assuming there is some sort of underlying relationship gone awry, I would think that the prosecution would want some sort of corroboration before filing charges, but it really depends on the evidence in the police reports. There may in fact be more than "the other person's words."

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Answered on 7/07/09, 10:08 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: stalking

Yes. Testimony is a form of evidence. In many cases the only evidence of a crime will be the victim's testimony. There is no good reason to forbid prosecution where the testimony of the victim is the only evidence. The defendant can then argue that the victim's testimony is unreliable if he wants to.

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Answered on 7/07/09, 2:57 pm
Terry A. Nelson Nelson & Lawless

Re: stalking

"Can they charge you"? Of course. That's how the system works. Can you be convicted? Depends on all the evidence. The police and DA already think you can, if they have you arrested. If this is your situation, get yourself an attorney, and speak to no one else about the case. If serious about doing so, feel free to contact me.

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Answered on 7/07/09, 3:50 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: stalking

The answer is yes. Verbal testimony from a single witness can be enough to both charge and convict a person. Stalking is a serious charge. Get a good lawyer.

Jacek W. Lentz, Esq.

213.250.9200

www.lentzlawfirm.com

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Answered on 7/07/09, 4:10 pm


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