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Witness Tampering Related Questions

What is the definition of witness tampering?

The definition of witness tampering is the use of coercion or bodily harm to intimidate a witness in any court proceeding, with the purpose of getting the witness to change their testimony or to drop the charges. An example of witness tampering would be a person threatens to do physical harm to a witness if they testify against them in court. Read below to find answers given by the Experts relating to witness tampering and the punishment for witness tampering.

Is it possible for a person to be charged with witness tampering, even if the witness and the accused have never even met?

A person may be charged of witness tampering, if the state feels that evidence is strong enough to support the charge of witness tampering. There is no condition that states that the person being charged with witness tampering and the witness have to have ever met each other. There are other ways that a witness may be coerced without ever meeting the accused. For example pressure may be applied to the witness via mail, email, texting, or even over the phone. There is also the use of another individual to apply pressure to the witness.

Can a P.I. be charged with witness tampering for asking a victim to allow a suspect to get a diversion instead of a proceeding with the court, if a defense attorney asks them to do it?

It is not considered witness tampering as long as the private investigator did not attempt to coerce the victim into not testifying or try to get them to falsify their testimony, and just passed on the offer from the defense attorney; then the individual is just an acting agent of the defense attorney. If the P.I. continues to harass the victim in an effort to accept the offer once the offer has been refused, then it should be reported to the prosecuting attorney to stop the harassment.

Is it considered witness tampering if a person were to talk to the victim in a court case and during the course of the conversation asked the victim to drop the charges on the defendant; even if the person did not push or threaten in anyway the victim when asking them to drop the charges?

This may be considered witness tampering, and is a serious offense. If the victim reports this to the district attorney, charges may then be brought forth for witness tampering.

If a person has already been to the state attorney and the other party has been served, and then the other party is offering monetary compensation to drop the charges, is this considered witness tampering?

The offering of monetary compensation in return for not working with the state attorney in a criminal investigation can be constituted as witness tampering. Also if the case reaches the state then it is no longer up to the victim, at that point it is up to the prosecutor to drop the charges. The prosecutor may take the victims inclinations into consideration when deciding.

Experts provide individuals with fast and affordable answers to many complex questions that often go unanswered. When finding yourself in a situation where you are unsure where to find the correct answers you can turn to the thousands of Experts, where Experts give reliable answers to thousands of questions pertaining to witness tampering and many more.

Ask a Criminal Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 2456
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Criminal Law Question Here...
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8 Criminal Lawyers are Online Now

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Criminal Lawyers are online & ready to help you now

Fran L.
JustAnswer Criminal Law Mentor
Satisfied Customers: 8061
18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
Ely
Counselor at Law
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Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Lawyer
Satisfied Customers: 1625
Over 10 years of criminal defense practice.

Recent Witness Tampering Questions

  • About a half year ago I was charged with a DWI in New York

    About a half year ago I was charged with a DWI in New York and had it lessened to a DWAI charge (not a crime, but rather a traffic infraction). For an employment application I am asked:
    Have you received an alternative adjudication within the past seven years?
    I do not know what alternative adjudication is; I pleaded guilty to a DWAI charge. Can I answer No on the application?
  • I need to get an expungement for a crime that happened in

    I need to get an expungement for a crime that happened in 2005 it was a misdenmoner for theft with unlawful taking about nine years ago. I cant get a job and my sister got me two more misdenmoners they are as follows hindering the apperhence of a fugetive and obstructing law inforcement , but those two I am on the ard program and I have to pay a fine 1,000.25 something i can't get a job to pay this off no one wants to hire me. Please I need help with this I cant even pay my bills . My cell phone got shut off cause I cant pay it.
  • Thanks for your speedy response. I've seen others say it is

    Thanks for your speedy response. I've seen others say it is six years even when the person didn't leave the state. But they show no proof of that in the law they say it's an exception, I always thought it was three based on what it says. Thanks for your response
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