If you are a criminal defendant in Germantown, Maryland charged with stalking and/or harassment, here’s a guide to understanding your situation and the steps to take:
Understanding the Charge
Stalking involves repeated behavior that causes someone to feel fear, alarm, or distress. In Maryland, this is a serious offense:
- Maryland Law: Under Md. Criminal Law Code Ann. § 3-802, stalking is defined as a malicious course of conduct that includes approaching or pursuing another person with the intent to place that person in reasonable fear of serious bodily injury, assault, sexual offense, kidnapping, or death. It also includes a course of conduct that includes electronic communications which are intended to cause serious emotional distress.
- Penalties: A conviction can result in up to five years in prison and a fine of up to $5,000.
Harassment involves intentional and malicious behavior that causes someone to feel alarmed or seriously annoyed. In Maryland, this is a serious offense:
- Maryland Law: Under Md. Criminal Law Code Ann. § 3-803, harassment is defined as following another person in or about a public place or maliciously engaging in a course of conduct that seriously alarms or annoys the other person with the intent to harass, alarm, or annoy.
- Penalties: A conviction can result in up to 90 days in jail and a fine of up to $500. Repeat offenders may face more severe penalties.
Legal Representation
- Hiring Marc Emden as your Attorney:
- Experience: Marc Emden has years of 35 years of experience in criminal defense, particularly in cases involving stalking and harassment offenses.
- Reputation: Marc Emden has a winning track record and positive client reviews.
- Consultation: If you hire him to defend you, Marc Emden will meet with you to discuss the specifics of your case, evaluate the evidence and form potential defenses.
- Preparing Your Defense:
- Evidence Collection: Gather any evidence that could support your defense, such as communications, consent documentation, or evidence disproving your involvement.
- Character Witnesses: Identify individuals who can testify to your character and credibility.
- Legal Strategies: Marc Emden will develop a defense strategy based on the specifics of your case. Potential defenses may include lack of intent, consent from the depicted individual, or mistaken identity.
- Court Process:
- Pre-Trial Motions: Multiple motions are filed in criminal cases, including a motion for discovery as well as motions to dismiss the charges or suppress evidence.
- Trial: If the case goes to trial, both sides will present evidence and arguments. Marc Emden will cross-examine witnesses and present your defense.
- Sentencing: Marc Emden can assist you in getting the best possible outcome at sentencing, if you are convicted of this offense.
Your Rights
- Right to Remain Silent: Do not discuss your case with anyone other than your attorney.
- Right to a Fair Trial: You are presumed innocent until proven guilty. The burden of proof lies with the prosecution.
- Right to Legal Counsel: You have the right to an attorney. If you cannot afford one, a public defender will be appointed to represent you.
Conclusion
Facing a stalking and/or harassment charge in Germantown, Maryland is a serious matter and requires prompt and effective legal representation. An experienced attorney will guide you through the legal process, protect your rights, and work towards the best possible outcome for your case.