Some of the best criminal lawyers and attorneys in Stamford and Greenwich Connecticut are frequently asked the same question from people involved in nasty divorces: Is it against Connecticut law to put a GPS monitoring device in my cheating spouse’s car?
And the answer? Yes. It can be a crime, punishable by up to 6 months in jail.
The Connecticut crime of Electronic Stalking under CGS 53a-181f is a recently enacted charge that prohibits you from recklessly causing another person to reasonably fear for his or her safety by willfully and repeatedly using a global positioning system (or “GPS”) device to track the other person’s movement.
One of the most effective defense strategies for fighting a Connecticut electronic stalking arrest is to provide evidence to the court and prosecution that either (1) you were not responsible for using or placing the GPS device at issue in the case (usually police just assume it’s a spouse or boyfriend / girlfriend), or (2) even if you did use the device, it did not cause your significant other to reasonably be in any kind of genuine fear, especially when the device was placed in a car that you own or pay for. You can follow this link for more on fighting Connecticut stalking arrests in Connecticut state courts.
This is the exact point that many of the best criminal lawyers in Greenwich, Darien and Wilton Connecticut make to prosecutors during an electronic stalking case. Especially when a husband or wife is placing a GPS device in a car that they own or for which they pay the lease.
But here’s what you need to know about Connecticut electronic stalking laws: all that’s required for an arrest is that the victim reasonably fears for their safety as a result of repeated stalking by GPS. It’s a completely SUBJECTIVE standard that makes these arrests very easy for Greenwich, Westport and New Canaan Connecticut police and prosecutors.
Electronic Stalking arrests under CGS 53a-181f is considered a domestic violence crime, even though there is actual violence alleged in these cases. That means the usual Connecticut domestic violence court protocols are triggered immediately upon arrest, and you will be ordered to Stamford or Norwalk Superior Court for your arraignment on the very next business morning following your arrest. Click here to learn more about your first day in court.
We see these electronic stalking GPS cases frequently among divorcing couples, or husbands and wives who suspect their spouse is cheating. While you will definitely need a criminal lawyer to help you get your Connecticut electronic stalking arrest dismissed in criminal court, it’s also a good idea to call a top Greenwich or Darien Connecticut divorce family lawyer attorney to provide you with advice during your stalking case, and to work hand-in-hand with your criminal lawyer to make sure you, your children, and your assets are protected.
Too often, we see disingenuous stalking allegations being waged against our criminal clients for an unfair advantage in divorce court—sometimes even seeing jilted spouses planting GPS devices in their own cars and accusing their spouses of doing it, in the hopes they will get arrested!
The criminal attorneys at Mark Sherman Law have been handling Connecticut stalking arrests for over 15 years. We are the publishers of Connecticut’s only domestic violence information website for people arrested in the Connecticut court, and have received certified former clients reviews on Avvo.com from hundreds of our former clients (which you can review by clicking here). So if you’ve been arrested in Connecticut for electronic stalking under CGS 53a-181f, give us a call today. We are available 24/7 at (203) 358-4700.