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What are possible defenses against a stakling charge in Maine?

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AVOID A
CRIMINAL RECORD

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The standard for what constitutes domestic violence stalking in Maine is disturbingly low but the penalties for a stalking conviction are not trivial.

Raising effective legal arguments that cast doubt on your guilt and/or show you are innocent and did not commit the crime is an essential part of your defense strategy.

FALSE PROSECUTION

In some stalking cases, the victim is blowing out of proportion of trivial conduct on purpose.

False accusations are made when, for example, the purported victim has a personal vendetta against you or wants to get you in trouble for some reason.

Domestic violence allegations are full of these situations where the purported victim uses the justice system for his or her own purposes.

INNOCENT CONDUCT

What constitutes stalking under Maine’s stalking law is very low. Completely normal and innocent conduct could be construed as stalking if you think about it too much.

For example, making eye contact on the bus more than once could be interpreted as stalking. Arguing that the conduct is innocent could persuade a jury that the allegations don’t fit the alleged conduct.

THE REASONABLE PERSON STANDARD

Similarly, the conduct that allegedly rises to the level of stalking has to create fear or emotional distress to a reasonable person. If this were not the case, paranoid people would be putting dozens of innocent people behind bars.

Showing that what you did would not have caused the necessary fear, emotional distress, or serious inconvenience to a reasonable person is often a fundamental part of a defense strategy to a stalking allegation.

The alleged victim’s past, including any stalking claims he or she has previously made, can provide strong support for this defense.

Calling character witnesses to the stand to show that what you did was completely innocuous and that the purported victim is overreacting to normal conduct is a normal part of this defense.

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If you are facing criminal charges in Maine, the attorneys at The Maine Criminal Defense Group are here to help. Call our office to speak with
one of our team members, who will discuss your case with you and set up a consultation with one of our attorneys

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