A friend of mine with possible mental issues was arrested in Placer Co. CA on April 5th and booked on a Stalking charge w/ a $100000 bail. But problem is that there is no victim. There isn't anyone who has ever filed a restraining order or even complained to the Sheriffs Office about her. She had a bail hearing last Thursday and nothing came about because it was postponed until next Thursday, 4/19/2013. Not only is the bail excessive at $100000 for a person who at the most been givin a 72 hr evaluation at the mental health ward. But can they hold her on felony Stalking if there is no one that was being stalked or even harassed? Or is this a case of abused power by the Sheriff/ DA? My friend is dear to me and I am concerned.
Answer
The lack of a police report or a restraining order does not mean "there is no one that was being stalked or even harassed". It only means no one has complained about it in those particular ways.
You seem to believe that stalking may only be charged if a restraining order is in place or if the victim has complained to the sheriff. That is not true. The authorities can file charges even when they learn of a likely crime on their own. They do not need the victim's cooperation. In fact, they can prosecute even if the victim is adamantly against it.
Bringing charges without the victim's involvement is not an abuse of power. It is something prosecutors have to do from time to time. This may be one of those times.
Your friend needs a lawyer ASAP.
Answer
I agree with Mr. Hoffman.
If your friend broke in to Brad Pitt's house, while he was in Africa helping people find water, the police could arrest your friend and charge her with all types of crimes, including stalking. It's not a prerequisite for Brad Pitt to have a restraining order in place or to even complain to the police.
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