– El Paso 2000, no pet.) involved a lawyer who took a client’s $6,000 insurance settlement check. The conviction and two year sentence for the lawyer was upheld.
#Witness tampering trial
In that case, a former stripper worked for a lawyer and the lawyer paid for her to leave town to avoid testifying in the drug possession trial of a Dallas Cowboy star. ref’d) provides a good historical review of this crime. (d) An offense under this section is a felony of the third degree, except that if the official proceeding is part of the prosecution of a criminal case, an offense under this section is the same category of offense as the most serious offense charged in that criminal case.Īrnold v. (2) a result of an agreement negotiated with the assistance or acquiescence of an attorney for the state who represented the state in the case. (1) reasonable restitution for damages suffered by the complaining witness as a result of the offense and (c) It is a defense to prosecution under Subsection (a)(5) that the benefit received was: (b) A witness or prospective witness in an official proceeding commits an offense if he knowingly solicits, accepts, or agrees to accept any benefit on the representation or understanding that he will do any of the things specified in Subsection (a). (5) to abstain from, discontinue, or delay the prosecution of another.
(4) to absent himself from an official proceeding to which he has been legally summoned or (3) to elude legal process summoning him to testify or supply evidence (2) to withhold any testimony, information, document, or thing (a) A person commits an offense if, with intent to influence the witness, he offers, confers, or agrees to confer any benefit on a witness or prospective witness in an official proceeding or coerces a witness or prospective witness in an official proceeding:
#Witness tampering code
Section 36.05 of the Texas Penal Code states in part: The best practice is to tell any potential witness,”I just want you to tell the truth,” early and often. All lawyers should be very careful in dealing with witnesses, especially those witnesses who are crazy, who have a history of making false allegations or who tape record the promises and threats they receive about their testimony.
Case law summarized below shows that it does not take much to be considered coercion. “Any benefit” is a very broad term and could include promises of money, assistance with a lawsuit or helping covering the costs of a move or vacation. Witness tampering can involve influencing a witness to testify falsely, influencing a witness to avoid testifying or influencing a witness to not press criminal charges. The crime of tampering with a witness applies to both civil and criminal cases and can involve either offering or providing “any benefit” to the witness or acting to coerce a witness.
0 kommentar(er)
