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Recent Witness Intimidation questions

What has to happen for "someone" to be charged with witness

What has to happen for "someone" to be charged with witness tampering? If "someone" is a defendent in a criminal proceedings and has "someone else" go to the witnesses house for an interview and unitentionally intimidates the witness. Does the defendant in the case run the risk of additional charges or is the "someone else" person the only person that can be charged? Or both?

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LegalPro54

Doctoral Degree

19,342 satisfied customers
My ex girlfriend had filed a restraining order against me on

My ex girlfriend had filed a restraining order against me on 4/28/2015, which was partially granted. After I was served the temporary restraining order, I contacted her allegedly once over email to try and reconcile. She took that and went to the PD and filed a complaint against me. During the next family court date on 6/15/2015, we entered into a Non-CLETS no contact civil order and the fact that I allegedly violated the restraining order once wasn't brought up in front of the judge. It has been 6 months since the judgement was stipulated and I haven't contacted her again. However, I conducted a background check on myself and saw that an arrest warrant has been issued against me around two months back. I went to the Sheriff's office and got the case calendared. According to the warrant, I have 2 counts of misdemeanors against me: 1) PC 136.1 (B): Persuade a witness not to file complaint 2) PC 273.6 (A): Violation of protective order. I picked up the police reports and DA's complaint and saw that the cops had contacted her on 8/12/15 and she said that she doesn't want to move forward with the prosecution anymore since I haven't contacted her again. My questions: 1) will the DA dismiss the case against me since my ex-gf doesn't want to have me prosecuted? 2) if the DA doesn't dismiss the case, what kind of result am I looking at? PS: I am here on a H1B work visa and moved to the US on 2/1/2014.

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Zoey_ JD

Doctoral Degree

32,372 satisfied customers
How does the statute of limitations work like

How does the statute of limitations work for something like witness intimidation? I have a case that was all done in 2010. Sentenced an everything. Now the county charged me with witness intimidation in2014. Can they do this or is this even legal?

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Zoey_ JD

Doctoral Degree

32,372 satisfied customers
During an ACS Investigation i requested of My wife during a

During an ACS Investigation i requested of My wife during a custody hearing (for educational neglect of her children , one of which is mine), my stepdaughter falsely reported to ACS workers that she was is a consentual sexual relationship with me and thisis the reason why she was so depressed she did not go to school. I then became the perpetuator in the investigation that I requested in order to gain custody of my child. I was arrested with statutory rape charges and now I have ACS charges and crimInal charges.I am completely innocent of all charges and drafted a deceleration of facts for my attorney. The DA offered no jail time, 10 months sex offender therapy, and 10 years probation and register in a sex offender database. My laughter is in foster are, and my worldis completely shattered . I hired an ACS attorney to help me get my daughter out of the system and place her with my sister. In the meantime, my court appointed attorney is not moving one finger for me. My wife reported to my family that my step daughter providedto detectives the address where I bought her a prepaid phone and a picture I sent her through Facebook. I did not buy her a phone. I did send her a picture through Facebook but because she asked me to send her a picture after I was done trimming my sideburns.It is only a picture if my ugly old face in which you can see partially my 51 yo chest which is not sexy or pretty. The picture is not even indecent. Anyway, I would like for my attorney to file a motion for the DA to provide the address of the prepaid phoneand statements my step daughter made surrounding the alleged relationship she had with me. My wife told my family that according to her daughter I bought her daughter ja diamond ring and was getting an apartment for us to live together. I want to start gettingfacts on the table but do not know how to request this from my attorney. Can you please point me in the direction I should follow? I pleaded not guilty because I am innocent. I want all witnesses to start providing testimony under oaths so I can prove theirlies. I can prove I did not buy her a phone, a ring, or touring with her while she was supposed to be in school. In fact I want to subpoena phone and internet records to prove where she really was and who she was having an affair with during the time she wasnot in school. Can you please educate me about what tools I have available to do this? Can you file a motion for the prosecutor to provide statements already given by the alleged victim and all parties in the family already interviewed? Thank you in advance.

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Zoey_ JD

Doctoral Degree

32,372 satisfied customers
my son just got arrested what do i need to do after

my son just got arrested for assault what do i need to do after we have bailed him out his court date is in April.

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Zoey_ JD

Doctoral Degree

32,372 satisfied customers
Hello, my company is the victim of theft (2nd Degree Felony

Hello, my company is the victim of theft (2nd Degree Felony Grand Theft) by an employee and his accomplice. Both were arrested and the accomplice has bonded out pending arraignment. Now that person has threatened one of my employees. Specifically the accomplice stated "You better hope I don't see your sloppy ass anywhere. Cause I will confront you. I'm done." This was written so we have a verifiable log of this through a third party and before that several other texts pertaining to this case were written to try an illicit a response from this employee, but after this episode the employee rightfully stopped speaking with both of the people involved with the company theft. Does that text constitute intimidation or threat to another person in which then the accomplice, to my knowledge, has committed a new 3rd degree felony act and broken the Victims' Rights for Broward, FL? This happened about 2 weeks after the accomplice posted bail and in the full context of the text thread clearly appears to specifically target this employee because of the arrest of the accomplice and the arrest of the other former employee (this innocent employee aided the company in catching both parties). Could we file a separate charge of 3rd Degree Felony or would this be bundled in with current charges (which is many 2nd degree and 3rd degree felonies) and would the victim still be my company name or would it have to be a new victim/case where my employee is the victim? There is overwhelming evidence against both parties, therefore, this employee will not have to testify, but technically the employee is a witness if need be and is being intimidated/threatened by the accomplice. If we can't file separate charges could we use this as leverage in the current grand theft case to receive potentially higher restitution/civil suit against the accomplice and/or a sanction and/or a steeper sentencing (another words state to the accomplice and his/her legal counsel this restitution amount is not fair and just and if you don't pay us the fair tab then we will take this other threat out of the wood work and potentially file more charges on you or at least try to cast a dark shadow on this accomplice's regressive behavior with this new evidence before their final sentencing)? I know that is a few questions and any help is greatly appreciated. Thank you

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Zoey_ JD

Doctoral Degree

32,372 satisfied customers
My Son was charged with burglary unoccupied of an ex girlfriends

My Son was charged with burglary unoccupied of an ex girlfriends house. He just turned 18 so he is an adult. Because he is in Florida and the point system puts him at a 62 they want 2.2 years in prison and 3 years probation this is his first offence.does this sound right? He has a lawyer who said he can try and reduce the sentence. The lawyer said the ADA will talk to the Mother (Who is the one who is pressing charges) and see if she will drop the charges for rehab and probation? My question is, if I see her in a public location can I ask her to be forgiving to my son, With out it being witness tampering ?

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Alex J. Esq.

Managing Attorney

Doctoral Degree

22,646 satisfied customers
A close friend of mine has a husband that was charged with

A close friend of mine has a husband that was charged with a 3rd degree misdemeanor for assaulting her in a public restaurant/bar...He was arrested and paid a $5,000 bond. His charge in Missouri was...A RSMO.565.074.My friend's husband demanded that she go to court in front of a judge for his release from jail and tell the judge that it was her fault and that he did nothing. She did this out of fear, said that he did nothing and that it was all her fault. The police did interview her immediately after the incident and took her statement against him which led to his arrest.His (the husband's) attorney has told my friend not to respond to an order for her to go to court...The case has been rescheduled for 8/08 from it's original date of 7/18...She is petrified of her husband and is afraid to tell the truth. Her husband said if you don't go to court, my attorney gets me off.What should she do?

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Marsha411JD

Doctoral Degree

19,490 satisfied customers
the batterer commits a felony and hires a lawyer and does not

the batterer commits a felony and hires a lawyer and does not want to be jailed, nor does the battered wife. He has a restraining order, but she meets his lawyer. She is physically ill with effects of cronic Lyme desease -- cronic fatigue and fribromyalgia, plus has been isolated with no friends or family in the state or nearby states.Hisa lawyer tells her she should not have any family or friends visit with her lest they should influence her against her husband. She complies against her own wellbeing. Is this lawyer literally engaging in 'witness intimidation', seeing as she is a battered woman.How can family and friends help her if she refuses to help herself???

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CrimDefense

Juris Doctor

33,936 satisfied customers
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