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DAVID CLARK
Criminal Defense Attorney

Chester County Stalking Defense Strategies

The type of stalking charge and potential defense is determined by the specific facts and allegations of a particular case. Should the defense be fabrication, it may be necessary to obtain video footage or other evidence of an alibi indicating that the accused had nothing to do with such an offense. Additionally, it could be necessary to subpoena  and obtain all records from family court should that be the basis of the alleged dispute. Only then can a criminal judge, which is separate from the family court division, understand why an individual may or not may be filing such charges and whether such charges are fabricated or not.

The help of an experienced Chester County stalking attorney is essential when you are facing stalking charges. Strategy for a defense should be made at the earliest possible time. This assures you have every advantage available to you to defend these charges and, as a result, may lead you to a not guilty disposition or even other dispositions in your favor.

Defense Side Evidence

The evidence compiled in defense of a stalking case is the same type of evidence that can be compiled in any serious criminal matter in Chester County. The type of evidence can be evidence used to prove an alibi, evidence used to prove that medical records are incorrect, or evidence used through witnesses that support events did not occur the way the alleged victim has indicated. Therefore, numerous amounts of evidence can be brought to the attention of the court in criminal cases, especially taken into account that, more likely than not, domestic relations court also plays a role in these matters. The criminal courts are separate from the domestic relations court.

The judges do not share information, so if any information has to be obtained, using an investigator to obtain all documents, to interview witnesses, to take photographs, to obtain video footage or any other type of evidence, either physical or circumstantial, can be brought to the attention of a criminal judge and can be considered in an attempt to reach a positive resolution of the case.

Negotiation

A positive resolution can sometimes be reached by coming to an agreement that the accused will have no contact with the alleged victim and the charge will not appear on the accused’s record all the way down to reaching an agreement about an acquittal after trial. In either case, all defenses must be researched, must be focused upon and must be used in order to protect a person’s rights. The only way to do this in the right way is to obtain the services of an experienced attorney. Only then can a person be assured that all possible strategies for defense are being researched and reviewed, and all possible outcomes are on the table at the time of disposition.

Taking a Plea Deal

Every case involves a particular set of circumstances unique to that case. It is sometimes difficult for a criminal defense attorney, wherever they may be from, to make a determination of exactly when a plea deal should be entered. An experienced Chester County criminal defense attorney will explore all avenues of defense, uncover all chances of a possible resolution to the matter, and determine all proper manners of defending a particular case.

When a person is charged with a stalking and/or harassment charge, the ability of an attorney to advise that person on what the next step is, and what he or she must do is essential to that person being represented in the right fashion. There may be cases where evidence suggests that perhaps a stalking charge has occurred. In those types of cases, a plea deal may involve limited restrictions, no incarceration, and minimum imposed fines. In some cases, even a first-time offender’s program is available. However, these cases are taken on a case-by-case basis and, in most cases in Chester County, are taken seriously enough where a disposition is necessary one way or another.

Therefore, by allowing an attorney to handle the case, the most appropriate decision be made in terms of whether to accept a plea deal, go to trial, or merely work to prove that the victim is fabricating the entire case. Only through the use of the right lawyer at the right time can the true facts come forward, and a person can get educated in a realistic decision on how to dispose of his or her case.