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Stalking question, NM, Going to trial. /witness, No

Customer Question
Stalking question Lawyer's Assistant:...

Stalking question

Lawyer's Assistant: What state is this in? It matters because laws vary by location.

NM

Lawyer's Assistant: What steps have been taken so far?

Going to trial. I am Victim/witness

Submitted: 2 months ago.Category: Legal
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Answered in 5 minutes by:
5/31/2018
Lawyer: Nisha Jones,
 replied 2 months ago
Nisha Jones
Category: Legal
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
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Good morning, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and no attorney-client relationship is formed. Please allow me just a few minutes to review your question, thank you!

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Lawyer: Nisha Jones,
 replied 2 months ago

I'm sorry to hear about your situation.

Is there a particular question I can help with in regards ***** *****?

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Customer reply replied 2 months ago
Good morning
Lawyer: Nisha Jones,
 replied 2 months ago

I'm sorry to hear about your situation.

Is there a particular question I can help with in regards ***** *****?
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Customer reply replied 2 months ago
the situation is this.. I was seeing this man well married to ex husband. I then asked him to leave me alone, he did not and it escalated to him stalking me. Following me home from work from one city to another, waiting for me on the highway on my way home. coming to my home trying to look in. Harassing me via phone, email and text as well as driving around my work
Customer reply replied 2 months ago
I did get a restraining order on him, last time he came to my home I called the cops. Now it is the state vs him and I am a witness/victim in a trail that Is coming up
Customer reply replied 2 months ago
I have never dealt with anything like this so I do not know what to expect
Customer reply replied 2 months ago
are you there?
Lawyer: Nisha Jones,
 replied 2 months ago

Thanks for clarifying.

I'm sorry to hear that you went through that.

Basically the state will be trying to prove the allegations of stalking at the trial.

As part of their case, they will be calling you to the stand and will be asking you a series of questions in regards ***** ***** incidents that you've just described.

The state prosecutor will initiate the questions, so you just need to answer each question as they ask it.

The prosecutor should also be contacting you for some trial prep prior to the trial date. Trial prep should let you know what the prosecutor intends to ask you, and what information is relevant for you to remember to provide to the court in your responses.

The defense attorney will also have an opportunity to cross examine you as well.

This is where they will try to prove their theory of the case and bring up any inconsistencies, etc. with your testimony.

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Lawyer: Nisha Jones,
 replied 2 months ago

I hope that helps explain some of the process!

Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me - I'll be happy to respond. Thank you!

Please remember that any information shared over this site is for general informational purposes only and does not constitute legal advice. You should meet with and consult a local attorney for representation in this matter.

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Customer reply replied 2 months ago
I have one more question
Lawyer: Nisha Jones,
 replied 2 months ago

Yes, please ask.

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Customer reply replied 2 months ago
Well I was seeing this person, before I had asked him to leave me alone. I found out I was pregnant and I did get an abortion. The stalker was aware I was pregnant and asked me not to get the abortion but I did anyway. Is this something they can bring up in court? can they access my medical records for this case?
Lawyer: Nisha Jones,
 replied 2 months ago

Potentially yes, the abortion is something you could be asked about.

If they were able to obtain a subpoena for the medical records, then yes they might have that in their possession. You should however check with the prosecutor handling the case to inquire as to whether he/she believes this information has been subpoenaed. If it was, the prosecutor would know about it.

Hope that helps!

Don't forget to rate, thank you!

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Customer reply replied 2 months ago
ok so anything that his attorney plans to ask, the prosecutor with know about it?
Lawyer: Nisha Jones,
 replied 2 months ago

Not anything that he intends to ask necessarily, but any evidence he intends to use at trial the prosecutor should know about.

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Customer reply replied 2 months ago
about how long will a trial like this take?
Customer reply replied 2 months ago
will they use the fact that I was married against me? to make me look bad to the jury?
Customer reply replied 2 months ago
or can they I should say
Lawyer: Nisha Jones,
 replied 2 months ago

If this is a misdemeanor case, as opposed to a felony aggravated stalking case, then the trial should last 2-3 days at most, and can potentially be over in as little as 1 day.

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Customer reply replied 2 months ago
I believe it is a misdemeanor case. because he staked me up until he was served with the RO
Customer reply replied 2 months ago
Thank you for your help
Lawyer: Nisha Jones,
 replied 2 months ago

You're welcome, no problem! If you have any more questions in the future and would like my help, please feel free to reach out to me here at JustAnswer by posting a new question, and adding "For Nisha" to the first part of your question. I'd be happy to help. Best of luck to you, take care!

Don't forget to rate before leaving, thank you!

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Lawyer: Nisha Jones,
 replied 2 months ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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