Q: MD has charged me under Title 3-803 which is stalking, can they convict me of elec.mail misuse which is section 3-805 ?
3-803 only addresses following a person. My amateur assessment is that it violates my 14th amendment (fundamental fairness and due process) to be conviction under a section not charged under.
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A: You should immediately consult with an experienced criminal defense attorney. During your consultation you will want to discuss the concept of lesser included offenses, collateral estoppel, double jeopardy , merger, amendments and the like. All of these concepts could have applicability to your situation and are too complex to discuss in an online chat session . Best of luck
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