Friend charged with stalking me??

[cmarshall]

WISCONSIN

Greetings,

I am in an interesting situation. A year ago(almost to the day) I had broken off a relationship with a significant other. One that lasted 4 years. It was a rough breakup. I had a problem with the other person calling repeatedly and trying to come see me(we lived a hour apart) when I didn't want to see her. I owned a business and she would call the business making it hard for me to do credit card transactions etc. Pretty much disrupting the business. This was a one day thing. My business partner called the local police to try and get her to stop calling. Just to make a complaint to scare her. She continued to call a few more times. The problems faded away...

We are now good friends again and don't have any problems with "stalking" or things like that. I have not been contacted by the police in the last year wondering how things were going or anything.

She has now received paperwork charging her with Stalking. In Wisconsin its 940.32(2) a felony of 3 years and 6 months and fine up to $10,000.

I do not want this charge filed nor did I ever tell the police I wanted to press charges let alone stalking. I simply wanted to make a complaint in hopes it would stop her from calling.

I recently received my "Victim rights" documents and notification from the court about her being charges. It says if I have any questions or want to talk to the DA i am to call the victim rights hotline.

What can be done to get these charges dropped? I never felt I was in any type of bodily harm or anything. How/Why would they file charges on her a year later and without even asking me if this is something I was willing to go through with?

Not knowing what to do. Neither of us can afford a lawyer(we probably would not qualify for public defenders either)...I want this all to go away What do I have to do??

Any help or feedback is very much greatly appreciated...

 

[Shay-Pari'e]

WISCONSIN

Greetings,

I am in an interesting situation. A year ago(almost to the day) I had broken off a relationship with a significant other. One that lasted 4 years. It was a rough breakup. I had a problem with the other person calling repeatedly and trying to come see me(we lived a hour apart) when I didn't want to see her. I owned a business and she would call the business making it hard for me to do credit card transactions etc. Pretty much disrupting the business. This was a one day thing. My business partner called the local police to try and get her to stop calling. Just to make a complaint to scare her. She continued to call a few more times. The problems faded away...

We are now good friends again and don't have any problems with "stalking" or things like that. I have not been contacted by the police in the last year wondering how things were going or anything. The police have better things to do than check on how your day is after all this time. Care to explain if there was a restraining order in effect regarding you?


She has now received paperwork charging her with Stalking. In Wisconsin its 940.32(2) a felony of 3 years and 6 months and fine up to $10,000.

I do not want this charge filed nor did I ever tell the police I wanted to press charges let alone stalking. I simply wanted to make a complaint in hopes it would stop her from calling.

I recently received my "Victim rights" documents and notification from the court about her being charges. It says if I have any questions or want to talk to the DA i am to call the victim rights hotline.

What can be done to get these charges dropped? I never felt I was in any type of bodily harm or anything. How/Why would they file charges on her a year later and without even asking me if this is something I was willing to go through with?

Not knowing what to do. Neither of us can afford a lawyer(we probably would not qualify for public defenders either)...I want this all to go away What do I have to do??

Any help or feedback is very much greatly appreciated...

Stop clogging up the court system. The DA's are filled with cases.

 

[cmarshall]

Thanks for your reply -

The police have better things to do than check on how your day is after all this time. Care to explain if there was a restraining order in effect regarding you?

My comment was in reference to if they are going to charge someone with stalking me and they really believe i was in danger isn't it about protecting the people? No, a restraining order was never issued nor did I ever request one to be issued.

Stop clogging up the court system. The DA's are filled with cases.

I did not request _any_ charges of any kind to ever be filed. This came to a shock to me and her.

 

[Shay-Pari'e]

Thanks for your reply -


My comment was in reference to if they are going to charge someone with stalking me and they really believe i was in danger isn't it about protecting the people? No, a restraining order was never issued nor did I ever request one to be issued.


I did not request _any_ charges of any kind to ever be filed. This came to a shock to me and her.[

I am not going to pull your teeth for the truth, nor waste any more of my time.

(QUOTE)I simply wanted to make a complaint in hopes it would stop her from calling.(QUOTE)

It doesn't matter what you want at this point. The state pressed charges.


Stay tuned for other responses.

 

[cmarshall]

What do you mean by pulling my teeth for the truth? I will tell you anything you need to know to help me understand what to do. I am looking for genuine advice - I have nothing to gain by not telling the truth.

The state pressed charges - the confusion is why? When you think I am not being honest is it because its so hard to believe that they would press stalking charges because of this without telling me about it - and it being a year later(almost to the day).

 

[CdwJava]

The police are not there to "scare" annoying friends and associates. The police are there to try and enforce the law. If you describe what sounds like a crime, they will take the appropriate action. In this case, they appear to have written a report for stalking, and the DA seems to have concurred. So, whatever you told the cops seems to have been effective ... they are working to keep this friend from bothering you.

If you want to drop the matter, call the DA handling the case and tell them you do not want to go through with this. They may tell you, "Too late", or, they may decide that they might as well drop the matter. In any event it is out of your hands.

In the future, if you don't want prosecution, don't get the police involved. When the police respond, sometimes people go to jail.

- Carl

 

[cmarshall]

Okay, first off thanks again for all your comments. I have a meeting set up with the DA i arrange through the victim/witness phone line they asked me to call. Unfortunatly, its set up the day after her initial appearence. Of course I would like this meeting to happen first. Is there a way either her or I can get her initial appearence summons changed? Since the charges are against her can she call and have the date changed or is this a nonnegotiable court date? Can she call and say she can not be in the area on that date and ask it to be changed? She lives a hour away...

Thanks

 

[CdwJava]

This is likely an arraignment. If she fails to appear, she will likely have an arrest warrant issued. if she has an attorney, she needs to talk to her attorney. The court is not just going to change the court date for the heck of it or to accomodate you.

- Carl

 

[cmarshall]

Yeah, I understand a warrant would be issued. She would never just not appear. They call it an "initial appearence". So, I guess the answer is, no, she can't call and ask them to reschedule it? She can't afford a lawyer so that isn't an option unfortunatly.

Thanks

 

[cmarshall]

Here is an update on this case:

I had my initial court appearence a month ago. I appeared with a lawyer. I was released on $5,000 signature bond and ordered not to have any contact with him. It is now a month later and lawyer just met with the DA before my next appearence in August. It was meant to resolve the case.

The DA that my lawyer met with is not the DA that filed the charges. That DA is out on maternity leave. So its kind of awkward to begin with. My lawyer said the DA is under the understanding now that they would not win a stalking case in court. He initially said they would let me plea to a misdameanor harrassment charge. My lawyer said this is not acceptable. He then said he would drop it to an ordinance violation of unlawful use of telephone. My lawyer tried to contact him(the alledged victim) but said he did not return his calls. He apparently called the victim withness line after he called to ask if it was okay to talk to my lawyer. He never called back after that. The DA then said he was concerned about me talking to him and said hed like some kind of restraining order.

So, my lawyer asks me if id agree to an ordinance violation and a civil injunction that we would write up. I have decided this is not the route to take. I do not need another 2 things on my record in a state where records are very open and anyone can view them on the internet. Not to mention I work in the telecommunications field and having a unlawful use of a telephone would cause me to lose job. I do not understand why my lawyer and I would draft up a civil injunction. I do not believe he(alledged victim) wants a restraining order and I believe this is the DAs way of trying to get some kind of pleasing from this case. Isn't a restraining order something he would have to put out against me rather than have us draft up?

I do not believe they could win even a misdeameanor of harrassment or this ordinance violation against me in court. Seems they are pulling at anything to get something out of this case because they know they have no case. A restraining order a year after the fact and after we have become friends who talk regularly is ridiculous.

Just an update on this case...as it was strange from the beginning.

Regards

 

[moburkes]

Here is an update on this case:

I had my initial court appearence a month ago. I appeared with a lawyer. I was released on $5,000 signature bond and ordered not to have any contact with him. It is now a month later and lawyer just met with the DA before my next appearence in August. It was meant to resolve the case.

The DA that my lawyer met with is not the DA that filed the charges. That DA is out on maternity leave. So its kind of awkward to begin with. My lawyer said the DA is under the understanding now that they would not win a stalking case in court. He initially said they would let me plea to a misdameanor harrassment charge. My lawyer said this is not acceptable. He then said he would drop it to an ordinance violation of unlawful use of telephone. My lawyer tried to contact him(the alledged victim) but said he did not return his calls. He apparently called the victim withness line after he called to ask if it was okay to talk to my lawyer. He never called back after that. The DA then said he was concerned about me talking to him and said hed like some kind of restraining order.

So, my lawyer asks me if id agree to an ordinance violation and a civil injunction that we would write up. I have decided this is not the route to take. I do not need another 2 things on my record in a state where records are very open and anyone can view them on the internet. Not to mention I work in the telecommunications field and having a unlawful use of a telephone would cause me to lose job. I do not understand why my lawyer and I would draft up a civil injunction. I do not believe he(alledged victim) wants a restraining order and I believe this is the DAs way of trying to get some kind of pleasing from this case. Isn't a restraining order something he would have to put out against me rather than have us draft up?

I do not believe they could win even a misdeameanor of harrassment or this ordinance violation against me in court. Seems they are pulling at anything to get something out of this case because they know they have no case. A restraining order a year after the fact and after we have become friends who talk regularly is ridiculous.

Just an update on this case...as it was strange from the beginning.

Regards

How is it that your "friend" was being charged with stalking back in May, but now you are the one with the criminal charges pending?

 

[fairisfair]

I hate it when I stalk myself, get , go away, danged shadow!!

 

[xylene]

You are a liar and a fool.

 

[Shay-Pari'e]

Thanks for wasting out time marshall.

 

[Shay-Pari'e]

Here is an update on this case:

I had my initial court appearence a month ago. I appeared with a lawyer. I was released on $5,000 signature bond and ordered not to have any contact with him. It is now a month later and lawyer just met with the DA before my next appearence in August. It was meant to resolve the case.

The DA that my lawyer met with is not the DA that filed the charges. That DA is out on maternity leave. So its kind of awkward to begin with. My lawyer said the DA is under the understanding now that they would not win a stalking case in court. He initially said they would let me plea to a misdameanor harrassment charge. My lawyer said this is not acceptable. He then said he would drop it to an ordinance violation of unlawful use of telephone. My lawyer tried to contact him(the alledged victim) but said he did not return his calls. He apparently called the victim withness line after he called to ask if it was okay to talk to my lawyer. He never called back after that. The DA then said he was concerned about me talking to him and said hed like some kind of restraining order.

So, my lawyer asks me if id agree to an ordinance violation and a civil injunction that we would write up. I have decided this is not the route to take. I do not need another 2 things on my record in a state where records are very open and anyone can view them on the internet. Not to mention I work in the telecommunications field and having a unlawful use of a telephone would cause me to lose job. I do not understand why my lawyer and I would draft up a civil injunction. I do not believe he(alledged victim) wants a restraining order and I believe this is the DAs way of trying to get some kind of pleasing from this case. Isn't a restraining order something he would have to put out against me rather than have us draft up?

I do not believe they could win even a misdeameanor of harrassment or this ordinance violation against me in court. Seems they are pulling at anything to get something out of this case because they know they have no case. A restraining order a year after the fact and after we have become friends who talk regularly is ridiculous.

Just an update on this case...as it was strange from the beginning.

Regards

Why would he be worried to talk to your lawyer if you are both friends again?