Recently, I have had a run of witness intimidation cases under California Penal Code 136.1 that have come my way in practicing criminal defense for the past 26 years and being part of the criminal system for almost 30 years.
I don't see that many witness intimidation cases and the ones that I have seen in the past relate to witnesses in court being threatened by family members or other people and being arrested right there in court.
But now we're seeing a lot of witness intimidation cases being filed in Los Angeles county, especially in gang-related cases. This is where people are set to testify against gang members, and somehow, other gang members are getting to these witnesses.
They are even seeing them on the streets and saying or doing something that the police or prosecutors believe is witness intimidation. The point is that, especially in these gang cases, it doesn't take that much for the police and prosecutors in Los Angeles to be able to mount a case for witness intimidation.
Dissuading a Witness – California Penal Code 136.1
They have to prove that whoever is being intimidated is a potential witness in a criminal case. The person that is talking to them has to:
- know or reasonably know under the circumstances,
- that the person they are talking to is a potential witness in a criminal case and
- they have to say or do something, or
- the circumstances have to be such that they are intimidating that witness,
- knowing that witnesses may be intimidated by whatever they say or do.
It's a pretty nebulous definition, and it's one of those cases, in my opinion, that jurors will know when they see it.
In other words, prosecutors can't get away with some ridiculous case where the person doesn't even know that the other person is a witness in the case. They're allegedly saying or doing something, and it's not a witness intimidation case.
On the other hand, let's say you have a witness who will testify against a particular gang member. Then, that gang member's fellow gang members are in front of that witness. They're doing and saying things and making it clear they are trying to intimidate that person.
The prosecutor can put that scenario together in front of a jury where a jury can pretty clearly tell that these people have come specifically to intimidate that witness. Now, they will have a chance to make a case for witness intimidation.
Criminal Defense for Witness Intimidation Cases
So, if you or a loved one is charged with witness intimidation and they're either guilty or innocent, I stand ready to help you. Sometimes, it's not as clear-cut as we think. Sometimes, it sits in the middle, and the critical thing is to get an attorney with experience and knowledge of handling these types of cases.
So, first, we can decide on whether or not this is going to be a case we're going to fight.
If not, then whether this will be a scenario where we will try to negotiate, work out some resolution that makes sense, and do damage control.
That's the first step. The next step is executing a plan to achieve the desired result. So, pick up the phone. Make the call now. I stand ready to help you.
Hedding Law Firm is a top-ranked criminal defense law firm in Los Angeles County at 16000 Ventura Blvd #1208 Encino, CA 91436. We serve clients throughout Southern California, including LA County, Ventura County, Orange County, Riverside, and San Bernardino.
