More details to this question:
I have been charged with Stalking in Virginia by an Ex Girlfriend whom claims (in the criminal complaint) that I've been "stalking" her for the last eight months. Contrary to this, we've been together for the past year and a half, and just officially broke up last Sunday. However, knowing that in order to convict one of stalking, there must have been reasonable fear in the victim, of death, sexual assault, or bodily injury. If she is able to produce emails or texts that show that I contacted her (even though none of them contain threats or implications of death, bodily harm or sexual assault), is there any way I can be found guilty on this? Additionally, if I can prove to the court that we actually dated up until last Sunday, and that the claim of her being stalked "for the last eight months" is completely false (by using documents, and witnesses), is it possible to have the charge thrown out due to the nature of the initial claim being fabricated?
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It sounds like you have a good case based on the evidence you have described. It sounds like she would have to perjure herself in order to come up with a story that you have stalked her. People have been convicted based on other people's lies, so you should take this very seriously and make sure you have a good lawyer to represent you.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case. If you need further information or assistance, please feel free to contact my office for a consultation.
Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.
Answered on Feb 11th, 2014 at 11:36 AM