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Intimidating witness rcw

Use of and access to this Web site or any of the email links contained within the site do not create an attorney-client relationship between Martonick Law and the user or browser.Relevant Facts: Defendant was accused of stalking his ex-girlfriend, and the State presented substantial evidence that defendant had threatened her, and had directed several of his friends to follow her and report back to him on her activities. Johnston, 156 Wn.2d 355, 127 P.3d 707 (2006)); threats involved in intimidating a judge (State v. 45, 966 P.2d 411 (1998)); and threats involved in intimidating a public servant (State v.

Both crimes are serious felonies which can undermine any defenses to underlying criminal charges.

A: RCW 9A.72.120 Tampering with a witness:(1) A person is guilty of tampering with a witness if he or she attempts to induce a witness or person he or she has reason to believe is about to be called as a witness in any official proceeding or a person whom he or she has reason to believe may have information relevant to a criminal investigation or the abuse or neglect of a minor child to: (a) Testify falsely or, without right or privilege to do so, to withhold any testimony; or (b) Absent himself or herself from such proceedings; or (c) Withhold from a law enforcement agency information which he or she has relevant to a criminal investigation or the abuse or neglect of a minor child to the agency. (3) For purposes of this section, each instance of an attempt to tamper with a witness constitutes a separate offense. A: A person commits the crime of intimidating a witness when he or she [directs a threat to a former witness because of the witness's role in any official proceeding][or] [by use of a threat against a current or prospective witness attempts to [influence the testimony of that person][or][induce that person to elude legal process summoning him or her to testify][or][induce that person to absent himself or herself from an official proceeding][or][induce that person not to report the information relevant to a criminal investigation or the abuse or neglect of a minor child][or][induce that person not to have the crime or the abuse or neglect of a minor child prosecuted][or][induce that person not to give truthful or complete information relevant to a criminal investigation or the abuse or neglect of a minor child. Q: What are the elements of tampering with a witness? A: It is immaterial whether or not witness has been subpoenaed, in prosecution for tampering of witness.

On the other hand, if, after weighing all of the evidence, you have a reasonable doubt as to any one of these elements, then it will be your duty to return a verdict of not guilty. Q: Can it be witness tampering if the threat is not actually communicated to the alleged victim? A person violated RCW 9A.72.120 even though threat was not communicated to the victim.

Intimidating a Witness is a Class B Felony punishable up to 10 years prison and a $20,000.00 fine.

Defenses Very often, these charges involve very little evidence.

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Both crimes are serious felonies which can undermine any defenses to underlying criminal charges. A: RCW 9A.72.120 Tampering with a witness:(1) A person is guilty of tampering with a witness if he or she attempts to induce a witness or person he or she has reason to believe is about to be called as a witness in any official proceeding or a person whom he or she has reason to believe may have information relevant to a criminal investigation or the abuse or neglect of a minor child to: (a) Testify falsely or, without right or privilege to do so, to withhold any testimony; or (b) Absent himself or herself from such proceedings; or (c) Withhold from a law enforcement agency information which he or she has relevant to a criminal investigation or the abuse or neglect of a minor child to the agency. (3) For purposes of this section, each instance of an attempt to tamper with a witness constitutes a separate offense. A: A person commits the crime of intimidating a witness when he or she [directs a threat to a former witness because of the witness's role in any official proceeding][or] [by use of a threat against a current or prospective witness attempts to [influence the testimony of that person][or][induce that person to elude legal process summoning him or her to testify][or][induce that person to absent himself or herself from an official proceeding][or][induce that person not to report the information relevant to a criminal investigation or the abuse or neglect of a minor child][or][induce that person not to have the crime or the abuse or neglect of a minor child prosecuted][or][induce that person not to give truthful or complete information relevant to a criminal investigation or the abuse or neglect of a minor child]]. Q: What are the elements of tampering with a witness? A: It is immaterial whether or not witness has been subpoenaed, in prosecution for tampering of witness. On the other hand, if, after weighing all of the evidence, you have a reasonable doubt as to any one of these elements, then it will be your duty to return a verdict of not guilty. Q: Can it be witness tampering if the threat is not actually communicated to the alleged victim? A person violated RCW 9A.72.120 even though threat was not communicated to the victim. Intimidating a Witness is a Class B Felony punishable up to 10 years prison and a $20,000.00 fine.Defenses Very often, these charges involve very little evidence.

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With regard to the bracketed clause relating to political argument, see the Comment below. Several statutes supplement RCW 9A.04.110 with an additional definition of threat: “to communicate, directly or indirectly, the intent immediately to use force against any person who is present at the time.” See RCW 9A.76.180(3)(a) (intimidating a public servant); RCW 9A.72.160 (intimidating a judge); RCW 9A.72.130 (intimidating a juror); and RCW 9A.72.110 (intimidating a witness).

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