I'm seeing this charge prosecuted more and more in Los Angeles County. Under California Penal Code 136.1, dissuading a witness can take many different forms.
The classic dissuading a witness case in Los Angeles is if you go up to a witness and you threaten them and tell them they better not testify in a case or you're going to hurt them or kill them or do something to a family member. That would be the classic dissuading a witness.
But we're even seeing cases filed where people aren't saying anything about a person testifying but are dealing with a witness—saying things to a witness.
For example, they call them a snitch, and prosecutors take those cases and file them as dissuading witness cases.
Gang-Related Cases and Witness Intimidation
Usually, we see this in gang-related cases where gang members are going up to fellow gang members who have snitched or other gang members who snitched.
Even the general public might inform one of their gang members and try to intimidate them.
The prosecutors will file not only a dissuading a witness charge in the Los Angeles county courts but also gang allegations and possibly other charges, depending on exactly what's said.
Whether there's any physical violence related to the case, they will look at the surrounding circumstances.
The bottom line is that in dissuading a witness charge if you look at Penal Code Section 136 and all related sections, you will see that they've covered it in many different ways.
They're trying to ensure that nobody dissuades a witness in Los Angeles County, or they will be facing prison time.
Again, if they charge that gang allegation, that makes things even worse, where the person is facing a gang enhancement, a potential strike, serving a higher percentage of time in Los Angeles County.
Proving PC 136.1 Witness Intimidation Elements of the Crime
So, the bottom line is, if you or a loved one is charged with some dissuading witness charge, make sure you get an attorney like me who has experience with these cases,
One who has been handling cases for 26 years really knows whether or not they're going to be able to prove this type of charge in front of a jury because that's what it always boils down to. If you're charged with dissuading a witness in Los Angeles, ultimately, the prosecutors have to be able to prove that charge.
They will have to convince a jury that you committed a crime. They will have to meet the elements of dissuading a witness, one by one. Looking at it, you get a feel for what a jury will think. Are they going to believe this is wrong?
This person shouldn't be putting themselves in a position to intimidate somebody under these circumstances.
Or, they might think that just because that person is a witness and just because somebody came in contact with them and might have said something to them does not necessarily mean that they should be charged and convicted of dissuading a witness.
So, if you or a loved one is being investigated and charged with dissuading a witness in one of the 38 courts in Los Angeles County, I've handled these cases in my 26-year career.
I've worked for the DA's office and as a Superior Court Judge. Since 1994, I've been the guiding force behind the Hedding Law Firm, defending people for dissuading witness charges. I've had a lot of success. I know what a case is worth. Could you pick up the phone? As for a meeting with Ron Hedding. I will do everything I can to help you or your loved one.
