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Ask Colleen Grady Your Own Question
Colleen Grady
Colleen Grady, Attorney and Counselor at Law
Category: Criminal Law
Satisfied Customers: 485
Experience:  Attorney and Counselor at Law
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I have a FTA on a stalking charge in Illinois. I live in

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I have a FTA on a stalking charge in Illinois. I live in Oklahoma. The state has also issued a harassment by elecrronic means charge and i have not been in contact with this lady since i was issued legal documentation. why do they want me? would they extradite me?
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Submitted: 6 months ago.
Category: Criminal Law
Expert:  Colleen Grady replied 6 months ago.
Hello. I will help you with this question. I have been an attorney for 27 years and I was a prosecutor for 9 years. If you give me a short time. I will prepare a complete answer for you.
Expert:  Colleen Grady replied 6 months ago.
Stalking and Cyber Stalking are serious crimes in Illinois and considered felonies in the 4th Degree. I am not sure which you are charged with so I am including both laws for you:720 ILCS 5/12-7.3. Stalking. (2011)(a) A person commits stalking when he or she knowingly engages in a course of conduct directed at a specific person, and he or she knows or should know that this course of conduct would cause a reasonable person to:(1) fear for his or her safety or the safety of a third person; or(2) suffer other emotional distress.(a-3) A person commits stalking when he or she, knowingly and without lawful justification, on at least 2 separate occasions follows another person or places the person under surveillance or any combination thereof and:(1) at any time transmits a threat of immediate or future bodily harm, sexual assault, confinement or restraint and the threat is directed towards that person or a family member of that person; or(2) places that person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement or restraint to or of that person or a family member of that person.(a-5) A person commits stalking when he or she has previously been convicted of stalking another person and knowingly and without lawful justification on one occasion:(1) follows that same person or places that same person under surveillance; and(2) transmits a threat of immediate or future bodily harm, sexual assault, confinement or restraint to that person or a family member of that person.(b) Sentence. Stalking is a Class 4 felony. A second or subsequent conviction for stalking is a Class 3 felony.(c) Definitions. For purposes of this Section:(1) "Course of conduct" means 2 or more acts, including but not limited to acts in which a defendant directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, engages in other non-consensual contact, or interferes with or damages a person's property or pet. A course of conduct may include contact via electronic communications.(2) "Electronic communication" means any transfer of signs, signals, writings, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectric, or photo-optical system. "Electronic communication" includes transmissions by a computer through the Internet to another computer.(3) "Emotional distress" means significant mental suffering, anxiety or alarm.720 ILCS 5/12-7.5. Cyberstalking. (2011)(a) A person commits cyberstalking when he or she engages in a course of conduct using electronic communication directed at a specific person, and he or she knows or should know that would cause a reasonable person to:(1) fear for his or her safety or the safety of a third person; or(2) suffer other emotional distress.(a-3) A person commits cyberstalking when he or she, knowingly and without lawful justification, on at least 2 separate occasions, harasses another person through the use of electronic communication and:(1) at any time transmits a threat of immediate or future bodily harm, sexual assault, confinement, or restraint and the threat is directed towards that person or a family member of that person, or(2) places that person or a family member of that person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement, or restraint; or(3) at any time knowingly solicits the commission of an act by any person which would be a violation of this Code directed towards that person or a family member of that person.(a-5) A person commits cyberstalking when he or she, knowingly and without lawful justification, creates and maintains an Internet website or webpage which is accessible to one or more third parties for a period of at least 24 hours, and which contains statements harassing another person and:(1) which communicates a threat of immediate or future bodily harm, sexual assault, confinement, or restraint, where the threat is directed towards that person or a family member of that person, or(2) which places that person or a family member of that person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement, or restraint, or(3) which knowingly solicits the commission of an act by any person which would be a violation of this Code directed towards that person or a family member of that person.(b) Sentence. Cyberstalking is a Class 4 felony. A second or subsequent conviction for cyberstalking is a Class 3 felony.(c) For purposes of this Section:(1) "Course of conduct" means 2 or more acts, including but not limited to acts in which a defendant directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, engages in other non-consensual contact, or interferes with or damages a person's property or pet. The incarceration in a penal institution of a person who commits the course of conduct is not a bar to prosecution under this Section.(2) "Electronic communication" means any transfer of signs, signals, writings, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectric, or photo-optical system. "Electronic communication" includes transmissions by a computer through the Internet to another computer.(3) "Emotional distress" means significant mental suffering, anxiety or alarm.(4) "Harass" means to engage in a knowing and willful course of conduct directed at a specific person that alarms, torments, or terrorizes that person.(5) "Non-consensual contact" means any contact with the victim that is initiated or continued without the victim's consent, including but not limited to being in the physical presence of the victim; appearing within the sight of the victim; approaching or confronting the victim in a public place or on private property; appearing at the workplace or residence of the victim; entering onto or remaining on property owned, leased, or occupied by the victim; or placing an object on, or delivering an object to, property owned, leased, or occupied by the victim.(6) "Reasonable person" means a person in the victim's circumstances, with the victim's knowledge of the defendant and the defendant's prior acts.If found guilty of any of these crimes, you would face 1 to 3 years in prison.Yes, Illinois will extradite if you Failure To Appear. A warrant was probably issued for your arrest.I would suggest you consult an attorney through the Illinois Bar Association. Here is a link to the Legal Referral service for IBA: http://www.illinoislawyerfinder.com/find-a-lawyer. They offer a 30 minute consultation for $25 so you can decide if you want to hire the attorney they refer you to. If you are not happy with this referral, you can ask for another until you find someone you think has the experience to represent you. Don’t wait on this. You could get picked up on the FTA in a traffic stop or by a warrant officer.Please let me know if I can help more. I will be happy to answer more of your questions. If you are satisfied with my help, please rate my service.
Expert:  Colleen Grady replied 6 months ago.
Let me also give you Legal Referral in OK. You should start in your own state first.
Expert:  Colleen Grady replied 6 months ago.
The OKlahoma Bar Association also offers the same $25 consultation fee for a half hour conversation with an attorney: http://www.okbar.org/public/LegalServices/LawyerReferralServicesInOklahoma.aspx
Expert:  Colleen Grady replied 6 months ago.
In the event you are arrested and extradited you want to make sure you have an attorney in advance in Illinois.
Expert:  Colleen Grady replied 6 months ago.
Here is the law for Harassment by Electronic Means: Sec. 1‑2. (a) Harassment through electronic communications is the use of electronic communication for any of the following purposes: (1) Making any comment, request, suggestion or proposal which is obscene with an intent to offend; (2) Interrupting, with the intent to harass, the telephone service or the electronic communication service of any person; (3) Transmitting to any person, with the intent to harass and regardless of whether the communication is read in its entirety or at all, any file, document, or other communication which prevents that person from using his or her telephone service or electronic communications device; (3.1) Transmitting an electronic communication or knowingly inducing a person to transmit an electronic communication for the purpose of harassing another person who is under 13 years of age, regardless of whether the person under 13 years of age consents to the harassment, if the defendant is at least 16 years of age at the time of the commission of the offense; (4) Threatening injury to the person or to the property of the person to whom an electronic communication is directed or to any of his or her family or household members; or (5) Knowingly permitting any electronic communications device to be used for any of the purposes mentioned in this subsection (a). (a‑5) Telecommunications carriers, commercial mobile service providers, and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable under this Section, except for willful and wanton misconduct, by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services, or information services used by others in violation of this Section. (b) As used in this Act: (1) "Electronic communication" means any transfer of signs, signals, writings, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectric or photo‑optical system. - See more at: http://codes.lp.findlaw.com/ilstatutes/720/135/1%E2%80%912#sthash.6DNJA7az.dpuf