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Newark, New Jersey Witness Tampering Lawyers
Witness Tampering
Under the N.J. Criminal Code, the seriousness of this crime depends on whether the defendant uses or threatens the use of force as part of the witness tampering. If force is used, the witness tampering is a 2nd degree crime; otherwise it is a 3rd degree crime. The State must prove that the defendant believed that there was an 'official proceeding or investigation'; and, that the defendant (directly or indirectly) tampered with, or attempted to tamper with a witness of that proceeding or investigation, to induce or cause the witness to withhold or change their testimony.
The Proscribed Conduct
In order to prove its case, the State must prove that the defendant was tampering with the witness to get the witness to:- Testify falsely
- Withhold information
- Avoid being served with a subpoena or other legal process
- Absent themselves from the Proceeding/Investigation
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Witness Retaliation
This is a separate 4th degree crime from Witness Tampering. It is committed when the witness is actually harmed by an unlawful act of the defendant. A mere threat is not enough to support a conviction for this crime, although the threat would be enough to support a conviction for Witness Tampering.
Punishing the Witness for Taking or Asking for a Bribe
Under N.J. law, it is a 3rd degree crime for a witness to accept a benefit or to solicit a benefit, in consideration for the witness doing any of the four types of Proscribed Conduct listed above. The benefit can be anything that is considered as a gain or advantage.
Defending Clients Charged with Witness Tampering
The lawyers at Bailey & Orozco have successfully defended clients charged with Witness Tampering, and Witness Retaliation, throughout New Jersey. These can be very serious charges when the defendant is also facing other criminal charges, which were the reason the witness tampering was being attempted. When this occurs, the Prosecution will try to convict you of these offenses, no matter what happens to the other charges; because they want to 'send a message' that this type of conduct will not be tolerated.
At Bailey & Orozco, we believe in the value of a strong and experienced defense. Contact us, we will get to know your case, we will listen to you, and we will help you protect your rights.
