Intimidating a witness mass
In March of 2006 the legislature passed a bill targeted at decreasing gang violence and giving police more tools to arrest and prosecute gang members who terrorize the community with violent crimes.
It was this bill that contained the witness intimidation charge that the man will now face.
If a person threatens or tries to influence a witness’s testimony of the defendant or the prosecution, he has committed a crime.
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.
A prosecutor can file charges based on the witness’s statements alone, but some kind of corroborating evidence is necessary to get a conviction.
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.
What if a witness in a criminal case tells the prosecutor that the defendant has tried to influence or interfere with the witness’s testimony?
The defendant can even explain this to the other person that there will be no discussion about the case and certainly no attempt to influence the other person’s testimony.Be prepared to follow your attorney’s advice as this can protect you against additional criminal charges.