Intimidating or tampering with a witness involves trying to get a witness to lie, say certain things under oath, alter or destroy evidence, or not testify or cooperate with authorities at all.
Others require a use of force, threat of force, or use of intimidation or coercion. Under the first type of statute, simply asking a witness to testify in your favor constitutes witness tampering.
The other statutes require that the person accused actually threatened or intimidated the witness. Coercion and intimidation can involve threats other than physical violence or property damage.
If a relative or friend of the defendant threatens a witness or someone involved in or supporting the prosecution tries to bribe a witness, for example, both have committed witness tampering.
If the defendant is involved in witness tampering committed by another person, he also can be charged with a crime. For instance, if the defendant pays someone to contact a witness or is involved in planning a threat or attack on a witness, he could be charged with witness intimidation or conspiracy to commit the crime. In criminal cases, defendants often are ordered not to have contact with any witnesses while the case is pending.
Even if the court does not forbid contact, this is a best practice because contact can lead to accusations of witness tampering, whether or not tampering actually occurred. Criminal cases usually take several months to complete, if not years, and it simply is not realistic for people in close personal relationships not to have contact for such a long period. Lawyers often tell their clients not to talk about a case with anyone, but this also is not realistic if two people live together or were present at the same event and are involved in trial preparation together.
Defendants can sometimes get themselves in trouble with the belief that talking things out with a witness may help resolve the matter or convince the witness to see things differently.
A defendant should never do this alone or without an attorney present as it can easily result in the witness perceiving the conversation as an attempt to influence testimony. Of course, if the witness made a recording of a conversation in which witness tampering took place or something in writing supports the allegation, it is likely the accused will be convicted.
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This is why it is so important that defendants not talk with witnesses alone, especially adverse witnesses. If you are accused of or charged with intimidating or tampering with a witness, you should consult an attorney immediately for assistance and advice in addressing the charges.
Who Can Be Accused of...
If you are a defendant in a criminal case, talk with your attorney about this issue and any contact you may need or want to have with witnesses involved in the case. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service.
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England Share on Google Plus. Who Can Be Accused of Witness Tampering or Intimidation The idea of witness tampering or intimidation probably brings to mind a defendant in a criminal case threatening a witness, but the defendant is not the only person who can be accused of or commit this crime. Contact Between Defendants and Witnesses In criminal cases, defendants often are ordered not to have contact with any witnesses while the case is pending.
Consult an Attorney If you are accused of or charged with intimidating or tampering with a witness, you should consult an attorney
Becoming less intimidating a witness for assistance and advice in addressing the charges. least one social networking profile,...
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Sales "Becoming less intimidating a witness" Affiliates Library Trade. 3 ACTION DISPELS FEAR – Identifying intimidated witnesses 1 The witness appears calm but has concerns about being . threats, but none the less. Victim or witness intimidation is the practice of The British. Crime Survey has found lower estimates of victim intimidation has become particularly severe and. Witness intimidation is a fundamental threat to the rule of law. Empirical data on. Threats become less credible and witnesses are accordingly more likely to.
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