Can a Defendant Talk to a Witness They're Related to or Friends With? Below are some common situations that can arise when the defendant (or another party) knows one or more of the witnesses. Even if the court doesn't forbid contact, it's a good idea to avoid it anyway because it can lead to accusations of witness tampering, even if no tampering actually occurred.īut sometimes it's not practical for people to avoid contact with witnesses who also happen to be people in their lives. In criminal cases, defendants are sometimes ordered not to have contact with any witnesses while the case is pending. For instance, if the defendant pays someone to contact a witness or is involved in planning a threat or assault on a witness, they could both be charged with witness intimidation or conspiracy to commit that crime. For example, if the defendant's relative threatens a witness, or if someone on the prosecution side tries to bribe a witness, both have committed witness tampering.Īnd if the defendant is involved in witness tampering committed by someone else, they can both be charged with a crime. If someone threatens or tries to influence a witness's testimony on behalf of the defendant or the prosecution, they've committed a crime. The idea of witness tampering or intimidation probably brings to mind a defendant in a criminal case threatening a witness, but the defendant isn't the only person who can be accused of committing this crime. Who Can Be Accused of Witness Tampering or Intimidation A witness also could be threatened with harm to their business or reputation.
For example, an employer could threaten an employee's job or promise a promotion if the employee will testify in a certain way or refuse to testify. Coercion and intimidation can involve threats other than physical violence or property damage. For example, if someone asked a friend not to testify or asked them to leave out damaging facts during their testimony, this can be witness tampering in some states.īut in other states, interference with a witness must involve the use of force, threat of force, intimidation, or coercion to be witness tampering. Some states' laws criminalize intentionally influencing a witness by any means.
#Civil witness tampering free#
If you do not have counsel and need additional information on this subject, whether as a defendant, witness or alleged victim, feel free to contact our office to set up a consultation.Interfering with a witness's testimony or cooperation in a criminal case is a criminal act that can be a misdemeanor or a felony. If you have questions or concerns about tampering and have a lawyer, address those concerns as soon as possible. Should they have questions regarding their own individual rights and responsibilities, they should seek the advice of their own, independent counsel. Even if a no contact order does not exist, you should still refrain at all costs from discussing the case with the alleged victim or any witness for that matter. It very often leads to making a bad situation much worse. Because of the close relationship between the parties it can be tempting to engage in such discussions.
The reality in many domestic violence cases is that the alleged victim ends up not wanting to pursue a prosecution. If multiple counts were to be alleged, the penalty sought would become significantly more harsh. And with a seriousness level 3 designation, a person with no offender score would be facing 1-3 month in jail. Not only is it a felony but each separate effort to tamper is treated as a unique individual charge. Know that any attempt to do so that is discovered will be treated harshly. Tampering With a Witness – Penaltiesīecause of the close relationship one charged with a crime of domestic violence generally has with the alleged victim there can be both opportunity and temptation to attempt to influence their participation in the pending prosecution.
It is a Class C Felony punishable by up to five years in prison and a $10,000 fine. Any attempt to induce a witness to testify falsely or to refrain from testifying altogether constitutes “tampering”. Though not a crime of domestic violence per se, Tampering with a Witness is charge that is certainly worthy of discussion as it relates to DV cases in general.
0 kommentar(er)
