Legal Question in Criminal Law in Iowa

Stalking charges

Can a person be charged with stalking based only a testimony of the person filing the charges and no other evidence? Can previous criminal history be brought out to a jury during trial? Can a person be held in jail, high bond, solely on testimony of the person pressing charges? If the prosecuting attorney's reason for not releasing the defendant is that he poses a ''possible danger to others and himself'', should the defendant be under ''suicide watch'' of the county jail?


Asked on 1/31/04, 12:38 pm

1 Answer from Attorneys

Robert Luedeman solo practitioner

Re: Stalking charges

In order for me to answer your questions properly I need to know more facts than you have disclosed. However, to briefly answer them in order: 1) Yes. The victim does not file charges in a criminal case, they are filed by the county attorney after the police have investigated the matter. 2)Generally previous criminal activity is not introduced to the jury at trial unless it is offered to prove pattern and practice. It can also be used when determining what level to charge an offense at, and any juror who hasn't been sleeping can pretty much figure most of this out on their own. Obviously, if the case is tried to the court the judge will be aware of this information. 3)Yes. Same reasons as number 1. 4) The prosecuting attorney is not the person who decides bond. That is set by the court in a hearing. Having no idea of what a suicide watch consists of, my take on that would be, the jailers can watch a prisoner as much as they like without intruding on his or her rights.

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Answered on 1/31/04, 2:29 pm


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