QUESTION
Does the defendant in a non-violent misdemeanor case have any rights to protection of harrassment from the victim if No Contact was part of the Plea?
Asked on Jan 15th, 2015 on Criminal Law - Florida
More details to this question:
There was a no contact ordered by the judge for the victim in a misdemeanor petty theft plea deal. What are the repercussions, if any and how do we go about bringing it to the Courts attention if the so called victim is harassing the defendant? The victim has repeatedly called the probation officer trying to cause problems for the defendant. Is there anything that can be done to make the victim stop?
1 ANSWER
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Lynn W. Rhodes, P.A. Attorney and Counselor at Law
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My first response is that iis a problem between the probation officer and the victim. They will have to work that out between themselves.
If you have any contact with the "victim" it could be construed as witness tampering.
If you see the "victim" or hear the person nearby, it is up to you to leave the area.
NO contact means "no contact" initiated by you or any third party on your behalf - so be very careful in that regard.
Answered on Jan 16th, 2015 at 2:03 PM