• Success Story

Stalking Charge Against Ex-Girlfriend Dropped

By |2022-11-14T14:53:23-05:00November 14th, 2022|Categories: Success Stories|Tags: , , |

Facts:
Several years ago, my client had a girlfriend. They broke up under bad circumstances and went their separate ways. They hadn’t spoken in 3-4 years.

One day, my client began thinking about her and was wondering what ever happened to her. My client had no way to contact her, so my client drove to where she worked. My client found her car, looked inside the windows, and then pulled on the door handles to see if it was open. All the doors to the car were locked and my client left.

Unbeknownst to my client, the ex-girlfriend’s co-worker was outside smoking a cigarette and saw the whole thing. The co-worker reported it and the business pulled the security footage. The ex-girlfriend immediately recognized my client and called the police. The charge was investigated as a misdemeanor stalking crime. It was sent to the Office of the State Attorney in Pinellas County for further investigation.

The Case:
I was hired and immediately contacted the investigating officer. He confirmed that he would not arrest my client unless he was told to do so by the prosecutor. But, he told me that the ex-girlfriend was irate and wanted my client prosecuted.

I began to research the allegations and whether they were even enough to rise to the level of stalking. I found some case law that confirmed that my client’s actions were not enough to be a crime.

Because my client had no criminal record, I worked up a full background report. I included a resume and letters of recommendation. My client was very regretful about what was done and voluntarily saw a counselor. I included all of the materials in a letter to the State Attorney.

The Result:
After reviewing the evidence and all of the materials that I submitted, the prosecutor agreed to drop the stalking charge. My client was never arrested, so there is no public record of this incident ever occurring. The case is officially closed.

Sean McQuaid