Intimadating a witness Free bi phone chat toronto
And whether a statement is a “true threat” or is considered “political speech” is a question for the finder of fact – either the jury or a judge. The phrase “directed to” means that a threat must be directed toward or made against a person protected by the statute, but nothing in the language of the statute requires that the threat must be directly communicated to or received by the protected person. If I am ever in need of law services again, I will certainly have Mr. l also highly recommend his services to anyone that might be in need of an excellent defense attorney!
Intimidation of a witness can be a felony charge, with possible penalties of up to 10 years in state prison, and fines of up to ,000.
The most common scenario in a domestic abuse witness intimidation case is when a defendant attempts to convince his or her intimate partner (the alleged victim) not to proceed with a complaint against the defendant. Where the evidence and the reasonable inferences which could be drawn from it established that the defendant told the witness that if she or 10 people testified before the grant jury, the defendant would sue the witness or any of the 10 persons for perjury and that the defendant was aware that the witness had talked with the district attorney at the time his statements were made, this evidence established probable cause to believe that the defendant committed the crime of tampering with a witness. Therefore, the statute is not unconstitutionally vague as applied to defendant.
The second element is that the accused intended to either prevent or dissuade an the victim – witness from filing a criminal complaint, answering questions posed by any law enforcement agency, or from testifying in any court proceeding.
If you are saddled with a permanent criminal record, it may affect you when applying for a job, and will come up anytime you get a background check.
An experienced attorney may be able to lessen or eliminate the severity of the consequences depending on the circumstances.
A person commits the crime of tampering with a witness if, with purpose to induce a witness or a prospective witness to disobey a subpoena or other legal process, or to absent himself or avoid subpoena or other legal process, or to withhold evidence, information or documents, or to testify falsely, he: (1) Threatens or causes harm to any person or property; or (2) Uses force, threats or deception; or (3) Offers, confers or agrees to confer any benefit, direct or indirect, upon such witness; or (4) Conveys any of the foregoing to another in furtherance of a conspiracy. A person commits the crime of "victim tampering" if, with purpose to do so, he prevents or dissuades or attempts to prevent or dissuade any person who has been a victim of any crime or a person who is acting on behalf of any such victim from: (1) Making any report of such victimization to any peace officer, or state, local or federal law enforcement officer or prosecuting agency or to any judge; (2) Causing a complaint, indictment or information to be sought and prosecuted or assisting in the prosecution thereof; (3) Arresting or causing or seeking the arrest of any person in connection with such victimization. Tampering with a witness in a prosecution, tampering with a witness with purpose to induce the witness to testify falsely, or victim tampering is a class C felony if the original charge is a felony.