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An enhanced version of this law is found in the Aggravated Witness Intimidation Law: Aggravated Intimidation of a Witness or Victim 18-8-705. Some Thoughts on this Law The plain language of subsection (1)(a) does not require the DA to prove an attempt to interfere with actual testimony anticipated to be offered at a trial, hearing, or other sworn proceeding but only that the defendant attempted to influence a witness or victim to testify falsely or to unlawfully withhold testimony that may be offered in the future, and the witness or victim need not be under subpoena or legal summons at the time of the contact. The mere presence of the victim at trial does not permit the jury to conclude that she or he was legally summoned to appear at trial.
A “true threat” is not merely talk or jest and is evaluated by whether those who hear or read the threat reasonably consider that an actual threat has been made. A threat may be contingent or conditional if the contingency itself remains in the control of the person making the threat. Steinberg was able to use his vast knowledge of the law and his many respected years in the system to find a way to show my innocence.
When force or a threat of force (either expressed or implied) accompanies an attempt to intimidate a witness, or if the intimidation was part of a conspiracy, the prosecution must prove such. However, the witness or victim must be legally summoned to be a witness under subsection (1)(b).
In addition to the above elements, the prosecution would also have to show that implied or express force was used and that the act was part of a conspiracy. To find a defendant guilty under subsection (1)(b), the jury must have received evidence that the defendant attempted to have the victim absent herself or himself from a proceeding to which she or he had been legally summoned.
The most common scenario in a domestic abuse witness intimidation case is when a defendant attempts to convince his or her intimate partner (the alleged victim) not to proceed with a complaint against the defendant. Where the evidence and the reasonable inferences which could be drawn from it established that the defendant told the witness that if she or 10 people testified before the grant jury, the defendant would sue the witness or any of the 10 persons for perjury and that the defendant was aware that the witness had talked with the district attorney at the time his statements were made, this evidence established probable cause to believe that the defendant committed the crime of tampering with a witness. Therefore, the statute is not unconstitutionally vague as applied to defendant.
The second element is that the accused intended to either prevent or dissuade an the victim – witness from filing a criminal complaint, answering questions posed by any law enforcement agency, or from testifying in any court proceeding.
All crimes have elements that must be proven by the prosecution in order for a defendant to be convicted. Truly people need to know that he is a expert in what he does.
Otherwise, tampering with a witness or victim tampering is a class A misdemeanor.
Each element must be independently proven or the defendant must be acquitted. Intimidating a witness or victim in Colorado There are three elements which must be proven to secure a witness intimidation conviction. Finally – After the Fact Witness Retaliation in Colorado Retaliation Against a Witness or Victim 18-8-706. While the language of the statutes regarding retaliation against a witness and intimidation of a witness are similar they are factually distinguishable and reasonable grounds exist to support differences in punishment provided for each. As for my case, the outcome was amazing and couldn’t be better. If you’re in need of a lawyer and you come across Mr.
The first element is that a witness (someone with firsthand knowledge of the facts of a crime or who was scheduled to testify in a criminal proceeding) or the victim of a crime. Even a threat of a civil lawsuit is sufficient to establish probable cause. Retaliation Against a Witness or Victim Some thoughts on this law: It is important to note that even threats to third parties are Although the statute does not expressly prohibit threats delivered to third-party recipients, a person of ordinary intelligence would understand that such conduct is proscribed under the statute. One is intimidation of a witness prior to testimony, the other is retaliation in response to testimony given. He has made my life more manageable because of the outcome of my case. Steinberg look no further he’s going to be the one you need.
(a) If any person shall by threats, menaces or in any other manner intimidate or attempt to intimidate any person who is summoned or acting as a witness in any of the courts of this State, or prevent or deter, or attempt to prevent or deter any person summoned or acting as such witness from attendance upon such court, the person shall be guilty of a Class G felony.
(b) A defendant in a criminal proceeding who threatens a witness in the defendant's case with the assertion or denial of parental rights shall be in violation of this section.
If you are saddled with a permanent criminal record, it may affect you when applying for a job, and will come up anytime you get a background check.