Stamford Second-Degree Harassment Investigations
In Stamford, a person can challenge their second-degree harassment charge, and any charge for that matter, by arguing that there was no probable cause to initiate an arrest. A person can also fight these charges in court. A skilled second-degree harassment lawyer should be involved in potential defense plans as soon as someone finds out there is a pending Stamford second-degree harassment investigation.
What is the Investigation Process for Second-Degree Harassment?
In Stamford, typically the police will investigate a harassment claim by reviewing any report or affidavit filed by the alleged victim. The police likely include any and all allegations in their Stamford second-degree harassment investigation. They will then review any proof that has been submitted. The police may also contact the accused person to try to get a statement from them regarding the allegations.
The police will also try to figure out if the complainant could have been annoyed or alarmed by the alleged contact. Even if there is contact that was repeated, if the police cannot find that a reasonable person would have been annoyed or alarmed by the contact, they cannot make an arrest for second-degree harassment.
Why Do Accusers Typically Pursue Legal Action
A criminal lawyer can intervene with the police during a second-degree harassment arrest in a few different ways. If the police do not have an arrest report or warrant, the criminal lawyer can try to intervene and produce evidence to the police department to negate the allegations against the defendant. This can bypass an arrest being made, on occasion.
Handling Harassment Arrests
If an arrest warrant already exists and the police have already initiated an arrest, a criminal lawyer can intervene by contacting the accuser or their attorney to get a better understanding of what they are seeking by taking legal actions. This will help them learn what they can do to make the case go away as quickly as possible with the support of the accuser.
Sometimes the accuser wants the defendant to cease contacting them permanently. If that is the case, the attorney may be able to handle the case civilly, rather than criminally. This process includes potentially drawing up an agreement between the two parties that there will be no contact in the future.
Justifying Reasons for Harassment Arrests and Investigations
Probable cause in a harassment in the second-degree case in Stamford is found when the police reasonably believe that harassment occurred. This means that the police would have a reasonable belief of the truth of the allegation and a reasonable belief that the party intended to cause annoyance or alarm to the person making the complaint.
Sometimes the police will contact that the accused party when they initiate an investigation. If that is the case, that person should contact an attorney immediately to try to avoid any sort of arrest. If the person is arrested when they are made aware of the Stamford second-degree harassment investigation against them, they still should get an attorney involved as quickly as possible because having an attorney helps the case resolve more quickly.