These are the basic elements of witness tampering in California.
#Civil witness tampering code
Witness tampering is outlined in California Penal Code (CPC) 136.1.Īlthough the statute is complicated and nuanced, the basic idea is that a prosecutor needs to establish that the defendant knowingly and maliciously attempted to prevent or dissuade someone (whether a witness or a victim) from reporting a crime, assisting in the prosecution of a crime, assisting in the process of arrest for the crime or appearing to testify regarding the crime. How is this possible? What can you do to defend yourself against these charges and avoid a conviction? It is critical to understand how the California Penal Code defines witness tampering and how the statute applies in real-life cases, so you can avoid these charges and fight to avoid a conviction. A conviction for witness tampering can result in up to a year in state prison and other penalties. Make no mistake: These are serious charges. Tragically, in too many domestic violence cases, a simple call to a friend seeking help can result in charges of witness tampering. Other times this call is intended to seek some sort of practical help with the problem at hand. Sometimes this call is just for someone to talk to and someone to sympathize with your situation. The most common response for most people when facing a problem is to call a friend. You should consult an attorney to obtain legal advice for your individual situation and case.When can asking a friend to help be charged as “witness tampering”? It is not legal advice and is not intended to substitute for legal advice. Contact our office today.ĭISCLAIMER: This post is intended to share my perspective, insights, and some general information on various aspects of criminal cases. Your lawyer can investigate the situation to build your defense, advocate aggressively on your behalf, and try to negotiate a favorable plea bargain when appropriate. With so much at stake, it can be a smart decision to work with a Washington criminal defense attorney from the beginning of the matter. The judge or jury will tend to assume that an innocent person would not engage in tampering with physical evidence or a witness. In addition to the penalties that can come with a conviction of a gross misdemeanor or a class C felony, a person found guilty of tampering with a witness or with physical evidence can suffer adverse credibility consequences. Trying to get a witness to fail to appear at the proceedings or to give false testimony can also be witness tampering. Witness tampering means that someone tried to induce such a witness to keep information from the agency or official proceeding without having a legal right or privilege to do so. Someone who might have information that could be relevant to the abuse or neglect of a minor child.A person who might have relevant information for a criminal investigation, or.Someone who is a witness in an official proceeding or an individual whom the alleged tamper thinks will soon get called as a witness in such a proceeding, or.To qualify as a “witness” under this statute, the person must be: Every attempt to tamper with a witness counts as a separate offense. Our state laws make tampering with a witness a class C felony in R.C.W.9A.72.120.
A conviction under this law is a gross misdemeanor. If the person does have a legal right or authority to take those actions, the conduct is not tampering with physical evidence.Īny “article, object, document, record, or other things of physical substance” can fall within the tampering with physical evidence statute. Presenting or offering physical evidence that the individual know is false.Īlso, the statute requires that the person who takes any of those actions must not have the legal right or authority to do those things.
Trying to change the appearance or character of physical evidence by hiding, removing, altering, mutilating, or destroying the item or making the evidence unavailable for the official proceeding or.9A.72.150 as taking either of these actions when the individual has reason to believe that an official proceeding is going to take place soon or has already started: Our state law defines “tampering with physical evidence” in R.C.W. An Overview of Tampering with Physical Evidence Seattle criminal defense attorney can guide you through the stages of the criminal process and advise you on essential matters, like what is evidence tampering. Some people engage in evidence tampering without realizing the legal implications of this conduct. When a person gets accused of a crime, allegations of evidence tampering can mean additional criminal charges and penalties.
Witnesses can provide testimonial evidence to the court. There are two primary types of evidence tampering – tampering with physical evidence and with witnesses.
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