Evidence in Stamford Second-Degree Harassment Cases
The prosecution in a second-degree harassment case will use all communication evidence in Stamford second-degree harassment cases between the two parties. This can include a printout of text messages, a printout of social media posts, or anything demonstrating the communication that was given to the police department when the alleged victim originally filed their case.
If an arrested individual claims self-defense, an attorney can use that to benefit a defense case by arguing that the accused was communicating in the accused manner because they were being attacked or because they were being harassed themselves. This is not the strongest defense in a second-degree harassment case, but it can be helpful when the defense counsel has evidence that the accuser was harassing the defendant as well.
Understanding the Role of Physical Evidence of Harassment
The presence of physical evidence makes the prosecution’s case a lot stronger. Tangible evidence in Stamford second-degree harassment cases could be shown to a jury to prove the case. The absence of physical evidence makes the defendant’s case a lot stronger because the only evidence that the prosecution would have to prove their case is testimony by the accuser. Typically, testimony is not as strong as tangible, printed evidence or text messages.
Legal Protection From Evidence in Stamford Harassment Cases
The First Amendment can protect a person who is arrested for second-degree harassment charges because it gives them the right to not say anything that would harm their case. Additionally, they can make statements to the accuser in the case that might be offensive for the alleged victim, but that is still legal under the First Amendment and the police will have to review the allegation under that guideline.
If the defendant has been accused or convicted of a similar crime in the past, a criminal defense lawyer can file a motion in line before a trial happens to try to suppress evidence of the past records so that the jury never learns about that information. This is a way to avoid bias that stems from having a past criminal record.
How a Harassment Attorney Could Help
A criminal defense lawyer in Stamford can take a few steps to ensure that the accused receives a fair trial. The first step is to file a request to preserve all evidence in Stamford second-degree harassment cases. This could include cell phone records as well as everything in the police’s possession, such as social media records, phone calls, or email records.
Anything that can help the case should be preserved. Another thing that a criminal defense attorney can do is to hire a private investigator who can interview the accuser to see if they make any statements that are inconsistent with the statements that they made to the police department. That can be helpful in trial as a way to show that the alleged victim is unreliable.