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Furthermore, there are civil remedies for witness intimidation.You should see if there is a standing order in your court against witness intimidation. Intimidating or tampering with a witness involves trying to get a witness to lie, say certain things under oath, alter or destroy evidence, or not testify or cooperate with authorities at all.
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The idea of witness tampering or intimidation probably brings to mind a defendant in a criminal case threatening a witness, but the defendant is not the only person who can be accused of or commit this crime.
If a person threatens or tries to influence a witness’s testimony of the defendant or the prosecution, he has committed a crime.
(b) Intimidation of a witness or victim is a class B person misdemeanor. 21-3832 and amendments thereto, when: (1) The act is accompanied by an expressed or implied threat of force or violence against a witness, victim or other person or the property of any witness, victim or other person; (2) the act is in furtherance of a conspiracy; (3) the act is committed by a person who has been previously convicted of corruptly influencing a witness or has been convicted of a violation of this act or any federal or other state's statute which, if the act prosecuted was committed in this state, would be a violation of this act; (4) the witness or victim is under 18 years of age; or (5) the act is committed for pecuniary gain or for any other consideration by a person acting upon the request of another person.
(a) Aggravated intimidation of a witness or victim is intimidation of a witness or victim, as defined by K. (b) Aggravated intimidation of a witness or victim is a severity level 6, person felony.
Even if the court does not forbid contact, this is a best practice because contact can lead to accusations of witness tampering, whether or not tampering actually occurred.
But what if a witness in a case is a party’s spouse, close relative, friend or co-worker?You can also file a motion for sanctions against this person for attempting to intimidate your witness, asking for an injunction against such behavior in the future, an injunction barring him from releasing such information to the public, and monetary sanctions (attorney's fees, costs, and other fees). Interfering with a witness’s testimony or cooperation in a criminal case is a criminal act that can be misdemeanor or a felony.An employer could threaten an employee’s job or promise a promotion if the employee will testify in a certain way or refuse to testify.A witness also could be threatened with harm to his business or reputation.Is it a felony to threaten a witness in a civil case?