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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 26738
Experience:  Active member of the NYS bar since 1989
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I've been accused of stalking, what is my recourse?

Customer Question

I've been accused of stalking, what is my recourse?
Submitted: 1 year ago.
Category: Legal
Expert:  Zoey, JD replied 1 year ago.

Hello,

Who has accused you? Have you been charged formally with a criime?

Customer: replied 1 year ago.
My Ex and her fiancé. No, I have not been charged. I have an email I can forward you.
Expert:  Zoey, JD replied 1 year ago.

Sorry for the delay.

The only way you can forward an email to me is via premium services which cost additional money. If you're interested in doing that, I can send you the offer. Otherwise, we can just keep communicating here at no additional cost. I do not think I need to see the email.

If you haven't been charged, what's important is not to escalate the situation and to remember that anything you say about this to anyone other than your lawyer can be used against you if it becomes a case. Even statements you make that you think would be helpful can possibly harm you in court.

So don't respond to the email from your ex. Have no further contact with them. If they do contact the police and the police contact you about it, tell the police that until you speak to your lawyer, you have nothing to discuss with them about any such incident and leave it at that. You have the right under our Constitution not to give evidence that can be used against you, and the police know it. Once you tell them you want to consult with a lawyer before talking to them, they are supposed to stop quesitoning you. They won't be happy about it, but they cannot use the fact that you won't talk to them against you. It's only once you talk about this that they can.

So right now there's nothing to do except to exercise your right to remain silent and don't let your ex and fiance bait you. If you get charged with a criminal offense, then you would hire a lawyer and fight these charges. But apart from looking for a lawyer, just so you have the name of someone you would hire in the worst case scenario, there's nothing you can do except stay away from your ex and fiance.