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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Criminal Law
Satisfied Customers: 11557
Experience:  Licensed Texas General Practice Attorney
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Is it a felony to threaten a witness in a civil case I sued

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Is it a felony to threaten a witness in a civil case? I sued an ex-employee and he called my cpa before the trial and said it would not be favorable to have his name and the firms name in the paper or part of a public document that mentioned the recommendation of establishing an erroneous retirement plan.My cpa told me he was "threatened" and was quite "pissed" about it.
Submitted: 4 years ago.
Category: Criminal Law
Expert:  ScottyMacEsq replied 4 years ago.
Thank you for using JustAnswer. I need a little more information so that I can properly answer your question. Can you tell me what state this is in?
Customer: replied 4 years ago.
kansas
Expert:  ScottyMacEsq replied 4 years ago.
There are two penal statutes on the subject: One is the general law and one is the aggravated statute. As you can see, the first is a misdemeanor, and the second is a felony. Regardless, you should report it to the police. It could also potentially constitute blackmail, which is likewise a crime.

Here are the statutes:

Kansas Statute 21-3832: Intimidation of a witness or victim.


(a) Intimidation of a witness or victim is knowingly and maliciously preventing or dissuading, or attempting to prevent or dissuade:

(1) Any witness or victim from attending or giving testimony at any civil or criminal trial, proceeding or inquiry authorized by law; or

(2) any witness, victim or person acting on behalf of a victim from:

(A) Making any report of the victimization of a victim to any law enforcement officer, prosecutor, probation officer, parole officer, correctional officer, community correctional services officer or judicial officer;

(B) causing a complaint, indictment or information to be sought and prosecuted, or causing a violation of probation, parole or assignment to a community correctional services program to be reported and prosecuted, and assisting in its prosecution;

(C) causing a civil action to be filed and prosecuted and assisting in its prosecution; or

(D) arresting or causing or seeking the arrest of any person in connection with the victimization of a victim.

(b) Intimidation of a witness or victim is a class B person misdemeanor.

21-3833. Aggravated intimidation of a witness or victim.

(a) Aggravated intimidation of a witness or victim is intimidation of a witness or victim, as defined by K.S.A. 21-3832 and amendments thereto, when:

(1) The act is accompanied by an expressed or implied threat of force or violence against a witness, victim or other person or the property of any witness, victim or other person;

(2) the act is in furtherance of a conspiracy;

(3) the act is committed by a person who has been previously convicted of corruptly influencing a witness or has been convicted of a violation of this act or any federal or other state's statute which, if the act prosecuted was committed in this state, would be a violation of this act;

(4) the witness or victim is under 18 years of age; or

(5) the act is committed for pecuniary gain or for any other consideration by a person acting upon the request of another person.

(b) Aggravated intimidation of a witness or victim is a severity level 6, person felony.


Furthermore, there are civil remedies for witness intimidation. You should see if there is a standing order in your court against witness intimidation. You can also file a motion for sanctions against this person for attempting to intimidate your witness, asking for an injunction against such behavior in the future, an injunction barring him from releasing such information to the public, and monetary sanctions (attorney's fees, costs, and other fees).

I hope that helps. Good luck to you!
ScottyMacEsq, Lawyer
Category: Criminal Law
Satisfied Customers: 11557
Experience: Licensed Texas General Practice Attorney
ScottyMacEsq and 2 other Criminal Law Specialists are ready to help you

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