Law Offices of Jeffrey N. Ivashuk, P.A.
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DEFENSE WINS CHALLENGE TO STATE'S ANTI-STALKING LAW Herald Staff In the latest challenge to the state's new anti-stalking law, a Broward County judge has sided with defense lawyers and ruled that the law as it stands is unconstitutional. After hearing arguments and reading briefs, Judge Zebedee Wright ruled that the law, enacted in July, is "vague and overbroad" in its definition of what behavior or conduct constitutes criminal stalking. Howard Finkelstein, a Broward public defender, engineered the challenge. He submitted written arguments to Wright about why the law should be declared unconstitutional. "What you have here is a well-intentioned and sorely needed law that fails to pass constitutional requirement," |
Finkelstein said. "I think women have needed this protection for many years. Just because the Legislature didn't do it right
doesn't mean we can't do it better the next time."
At issue is the case of Robert Kahles, who was charged last September with stalking his ex-girlfriend. The charge was reduced, but Kahles was arrested three months later after he allegedly broke into the woman's home, handcuffed her, took her to a wooded area and held her for hours. Police said she escaped and ran for help. Kahles is awaiting trial on charges of burglary, kidnapping and aggravated stalking. Although Wright struck down the law, it's unlikely to change unless the state Supreme Court upholds the judge's decision. Assistant State Attorney Tony Loe said his office plans to appeal Wright's ruling. |