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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118762
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Been accused for stalking by ex girlfriend, we live 2 hours

Customer Question

Been accused for stalking by ex girlfriend, we live 2 hours away from each other. I never once followed her, sat outside her house, Not ANYTHING that characterizes stalking, and none of this was mentioned on the affidavit, not anything. I never , ever threatened her during or after the relationship or abused her, and she has admitted this. All that was on her affidavit was , I (we) sent non-threatening emails back and forth, her house had a water line blow in it and cause water damage and she is saying I went in and did that , I have a rock solid alibi. She had vehicle trouble, she said I did that, again alibi and someone sent her a mean letter, was not me and truth be known, she did that and she stated it was anonymous. Last year I bought her a gun for protection, taught her to shoot it and all. Gun stayed in her possession entire time. When we broke up, it was in my things that I picked up at her house. When I found it, I contacted her and tried to give it back to her, because it was a gift and I have enough guns. The gun was in a case with no ammunition. She stated in the affidavit that I tried to get her to meet me with a gun and terrorize her. She is a drama queen. In VA where I believe it has to be threat of bodily injury or potential death. What is your take, Thanks.
JA: Because criminal law varies from place to place, can you tell me what state this is in?
Customer: VA
JA: Have you talked to a laywer yet?
Customer: Already retained one, says not enough evidence. He is a former prosecutor, says very little evidence.
JA: Anything else you want the lawyer to know before I connect you?
Customer: That's petty well it
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
She certainly sounds like a drama queen and that she is not ready to be done with you. What is your specific question for us about this matter?
Customer: replied 1 year ago.
What do you think about as far as an outcome and your general outlook on this
Customer: replied 1 year ago.
Also I don't want this fee taken out of my account every month, just this month.
Customer: replied 1 year ago.
Please answer
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply. Please understand the experts are working with multiple customers at the same time and each one takes the same time you deserve. We thank you for your patience.

The experts have nothing to do with customer payment agreements with the site, as the experts are not site employees, they are independent users of the site just like you are.

Expert:  Law Educator, Esq. replied 1 year ago.

Based on the minimal information you provided above, if you do have the proof to show you were not present at her place 2 hours away during the times she claims, then you not only will get the case dismissed BUT ALSO you would have your own civil suit against her for malicious prosecution and you would be able to seek damages plus attorney's fees against her for her pursuing these false claims against you.

She bears the burden of proving you were there first. Then if she claims you were there, you can present your evidence where you were on those dates and times and get the case dismissed. Then you would be able to sue and get damages from her for these false claims.