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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27126
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My son is in jail because of lies his wife made up, for CDV

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My son is in jail because of lies his wife made up, for CDV han. His calls are being recorded. He talks to his wife on the phone. I have to keep sending her money. Now, my son told her to go to his lawyer and put the truth in writing and that I would pay her for doing that. Doesn't this sound like some kind of a crime?

My name is XXXXX XXXXX I am an experienced criminal lawyer.

If your son is trying to bribe his wife to drop charges or to confess to her own lies in a letter, then he is tampering with a witness, which is a crime. She may want the money and never say anything about it, but if she gets mad again and reports this to the prosecutor, he will be in more trouble than he is already.

Also, generally in a domestic matter, the complainant gets a protective order and there is to be no contact between him and his wife while the case is pending. Even if she's the one who calls him, that doesn't give him the right to speak to her when there's an order in effect.

So on a number of levels these are not good moves on the part of your son. His lawyer can't report him for it. He's got to keep anything like this confidential. But any person who would make up lies to get someone put in jail to begin with is a loose cannon. If she turns on him again, he'll be more than a little sorry.
Customer: replied 3 years ago.

He actually tells me she is a loose cannon. She dropped the restraining order. He is trying to get her to tell the truth, and stay on her good side so she will do that. So I have been sending her money. The problem is that the cops and prosecutor are probably listening to these calls. So it probably sounds like a crime I'm participating in, right?


Yes, it's possible that if it's clear you're doing this on your son's behalf, per your son's instructions you could be charged with a crime along with your son.

I can't tell you how likely this would be without listening to the tapes but if you're asking me if such participation could ever possibly kick back at you, the answer is yes. You could face conspiracy charges and the same penalties as your son for aiding him.
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