Stalking and Harassment Charges Continued for Dismissal
Kelly’s client was charged with two gross misdemeanor counts of stalking for repeatedly contacting an ex-girlfriend by phone, text and mail after she ended the relationship. Kelly was first able to defeat the ex-girlfriend’s request for an Order for Protection after a contested hearing where it was shown there had been no physical abuse. Kelly then turned to the criminal charges, arguing the stalking law was unconstitutional. A judge agreed and dismissed the charges. The prosecutor for the City of Maple Grove then filed three new charges for misdemeanor harassment. Kelly again raised a constitutional challenge to those new charges, arguing those laws were in violation of the client’s first amendment right to free speech. The prosecutor finally agreed to dismiss all charges against Kelly’s client with no admission of guilty or wrongdoing if the client agreed to not have any further contact with the ex-girlfirend.