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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 81920
Experience:  Over 15 years in practice
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I HAVE BEEN CHARGED WITH STALKING WITHOUT FEAR, ALARM OR

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i HAVE BEEN CHARGED WITH STALKING WITHOUT FEAR, ALARM OR DISTRESS. AT NO POINT PRIOR TO MY ARREST WAS I MADE AWARE BY THE POLICE THAT A COMPLAINT HAD BEEN MADE AGAINST ME. SURELY THEY SHOULD HAVE CONTACTED ME AND TOLD ME THAT A COMPLAINT HAD BEEN MADE AND THAT I SHOULD BACK OFF ?
JA: Where are you? It matters because laws vary by location.
Customer: WEST SUSSEX
JA: What steps have you taken so far?
Customer: I HAVENT TAKEN ANY STEPS. WHAT DO YOU MEAN ?
JA: The Lawyer will be able to walk you through that. Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: THE CASE IS WITH THE CPS . THEY ARE DECIDING WHETHER TO PROSECUTE
Thank you for the question. It is my pleasure to assist you with this today. I am a barrister with over 15 years experience.

Would you mind turning your caps lock off?  Its very hard to read.

What would you like to know?

Customer: replied 15 days ago.
I have been charged with stalking without fear, alarm or distress. At no point prior to my arrest was I contacted by the police to say that a complaint had been made against me. Surely they should have contacted me and told me to back off ?
Customer: replied 15 days ago.
I cant call. The police have my phone still

Thank you for the question. It is my pleasure to assist you with this today.

Please bear with me as I will be online and off-line from time to time and therefore, may be delayed getting back to you.

Sometimes I will get back to you very quickly, other times it's going to be longer and possibly hours or overnight

Please bear in mind that it takes me time to type answers and I also have clients and sometimes have to attend court so I may not get back to you immediately.

They don’t usually use harassment warnings now. They use to use them to get rid of nonsense but the issue is that they don’t lead to restraining orders.

They are entitled to go immediately to a prosecution.

Also it depends what has happened. If its just two phone calls then a harassment warning might be appropriate. If it’s a course of conduct then not.

I hope you have a solicitor.

Can I clarify anything for you?

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Jo

Customer: replied 15 days ago.
you are saying that they did not have to contact me prior to my arrest ? This does not sound right

Thats right.

Customer: replied 15 days ago.
OK . Thank you very much. I currently do not have a solicitor. I think I will wait to see whether the CPS want to prosecute. There is barely anything to this case

They will prosecute.

Take it from me

It was my pleasure to assist you. Please come back if anything else crops up and needs clarification.

Thank you for trusting Just Answer, and of course me, with your legal problem.

If you would like to reconnect with me at a later date, simply add me as a favourite expert and you can then tag me in a question by typing @JoC

Thanks again,

Customer: replied 13 days ago.
What makes you sure that they will definitely prosecute ? The officer conducting the interview confided in me afterwards that he was recommending a caution. The solicitor present also thought I would get a caution. I was rather surprised to be released on bail.

They always do.

And you've been charged.

Customer: replied 11 days ago.
Actually I think I have got that wrong. I am on Pre Charge Conditional Bail. Obviously I have not broken any of the conditions and I have never been in trouble with the police. When my wife left she took our dog , Lenny. I missed Lenny terribly, so on two occasions I went to where she now lives just to see him being walked. Stupid I know. I also pulled up next to her at a set of traffic lights. Another stupid mistake. But apart from these three incidents I have not approached her. Neither have I bombarded her with texts or emails. The few texts and emails that were exchanged were about the chances of me seeing Lenny. There have been no threats, no pleading for her to come back, or anything like that. In fact I helped her move in to her flat, bought her a fridge freezer, bookcase , new pots and pans and gave her new bedding and towels. The plan was to remain friends. Then she decided she didn't want that. Fair enough.
Unfortunately she has to drive down my road to her work place. If she sees me walking on the street she is claiming this is stalking. There is a disabled woman living not far away whose dog I walk as often as possible. I am walking her dog and others ( I have joined Borrow My Doggy . com ) in the area I live, which of course means that I am often on my own street. Personally I don't see this as stalking. I could understand if I was walking in her street or even in her town. But surely I have a right to walk down my own street , with or without a dog, and not worry about her driving past and claiming that I am stalking her ? We also often pass each other in our cars on this street. It's unavoidable. But to her it's stalking. I am at my wits end . I feel like I am on curfew in my own home. I am constantly worried that I will be seen and that it will be reported by her. Being seen in my own street - can this be classed as stalking ?

it depends what she has alleged.  It will be more than just default meetings.

Customer: replied 11 days ago.
We are not meeting. She is driving her car. I am not ealki g down the street wearing a t shirt that says "f**k off and die bitch" on the back. I am not shouting obscenities or giving her the finger. I am just going about my business in the area that I live. If this indeed stalking then would it not be one of the bail conditions that I must desist this?

As I said, it  depends what  she has alleged

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