In recent news, a man from Aspen has pleaded guilty to felony Stalking charges. According to the news, a couple called the police after finding two poems left on their porch. The poetry itself was relatively harmless, but the last two lines referenced “lacking time to spend with you,” which apparently gave cause for concern. The police planted a camera and found the identity of the stalker. They gave him a warning, but he was arrested a few days later when he tried to leave a box of candy on the home's porch. Not all instances of Stalking charges are as bizarre as this Pitkin County case. Let's look at this crime and see how it is charged across Colorado.
What is Stalking in Colorado?
Stalking is charged in two different situations:
1.When a person makes a direct or indirect threat, and in connection with the threat, repeatedly follows, contacts, or approaches that person or their family.
2.When a person repeatedly follows, contacts, or approaches a person or a friend or family member of that person in a way which could cause serious emotional distress.
For a more complete description, read our previous blog post for a simple definition of Stalking in Denver, Arapahoe, and Jefferson County.
Charged with Stalking?Get Help Now!
Poet Stalker's Mental Capacity Questioned
According to the news, the stalker told the police he left the poetry and candy on the couple's porch because God told him to do it. Obviously, the man's mental capacity was questioned, so the judge ordered him to the custody of the Department of Health and Human Services and an evaluation by the Colorado Office of Behavioral Health. This evaluation concluded he was not competent to continue with the case, so he was placed on medication until he could proceed with the trial. When he returned to trial, the poet stalker pleaded guilty to felony Stalking charges. He must have worked with a skilled criminal defense attorney, because it is likely he will be sentenced to a deferred judgment as a result of his plea agreement.The definitions in the law make Stalking an easily charged crime.
Stalking: Charged More Easily Than You Think
It's not difficult to be charged with Stalking in Adams, Douglas, and El Paso County. That's because the second part of the statute – where a person is charged after repeatedly following someone and causing emotional distress – is extremely vague. Think about it: How do you define “serious emotional distress?” That language is up to the interpretation of the District Attorney, who is Contact us immediately if you have been contacted by the police.prosecuting for the alleged victim. Let's say you were in a serious, committed relationship when your significant other ended it. You want to figure out the reason your relationship was called off, so you follow your ex from place to place, trying to speak with them. If they call the police and say they are suffering emotionally from your attempted contact, you can be charged with Stalking. If you have been contacted by the police regarding Stalking charges, don't hesitate to contact the best criminal defense lawyer to fight on your behalf in the courtroom. Protect your future by hiring a hard-hitting attorney who will aggressively fight for your rights.
Get Help Now
If you or a loved one has been charged with Stalking lie the stalker poet, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O'Malley Law Office for a free consultation at 303-830-0880. Together, we can protect your future.Request a Free Consultation
Image Credit: Pixabay – Counselling