Free Initial Consultation
South Denver: 303-731-0719
North Denver: 303-916-9006
Toll free: 866-365-9351

Blog

Witness Tampering in Arapahoe and Douglas County - When Police Should be Charged: Denver Defense Lawyers

I remember a recent criminal case where a police detective was sharing her personal opinion on the truthfulness of an alleged child victim, just prior to trial. When the mother of the child expressed reservations on the truthfulness of the child, the police detective stepped in strong to save her case. She assured the mother that she felt the child was telling the truth and that our client had committed the offense. Over my 25 years as a criminal defense lawyer, I have seen police and detectives tell the witness what to say and what not to say in a police report. In some cases, the officers are not getting what they want from a witness, so they hand-write questions to the witness and make the witness write answers in response, until they get it the way the officer wants. In each of these cases, the police should be charged with Colorado Witness Tampering, C.R.S. 18-8-707.

The Simple Definition of Victim and Witness Tampering in Denver

The Denver and Adams County state statute on Victim and Witness Tampering, located at C.R.S. 18-8-707, provides, "a person commits tampering with a witness or victim if he intentionally attempts without bribery or threats to induce a witness or victim or a person he believes is to be called to testify as a witness or victim in any official proceeding or who may be called to testify as a witness to or victim of any crime to 1) testify falsely; or, 2) unlawfully withhold any testimony; or, 3) absent himself from any official proceeding to which he has been legally summoned; or, 4) avoid legal process summoning him to testify."

Victim and Witness Tampering Examples in Jefferson County, Colorado

Examples of Victim / Witness Tampering in Jefferson and Boulder County include asking a witness to give a particular version of what happened in a crime (as in the police officers above), asking or pressuring a witness for a jury trial not to testify a certain way, suggesting that someone under a subpoena leave the State of Colorado, or suggesting someone hide out so he or she does not get served a subpoena to come to court.

While it is true that a person gets to testify as to what they think happened, third parties can't make an effort to control what the alleged victim or witness is going to say. On some occasions, men and women defendants tell a family member or friend to leave the state so that they won't need to come to court after receiving a subpoena. In several cases, we have seen social services or the Department of Human Services intervene and tell a woman that if she does not testify against her husband, they will take away her kids. It is much safer for a witness or victim to decide themselves whether they want to leave the state and for what purpose. As I said above, third party interference (from both sides) into the testimony or availability of a witness for trial is a problem for the integrity of the truth finding process of a criminal trial.

You should have no doubt that police, social services, DA's and even victim's advocates attempt to influence the testimony of witnesses. On the defense side, defendants, private investigators and family members sometimes intervene and suggest a certain version of what occurred. All of these people run the risk of being charged with the criminal offense of Witness Tampering.

If you have been called or visited by police, don't give a statement concerning your conduct. Remain silent, despite the threats of police. Next, call our criminal defense lawyers at 303-731-0719 to fight for you. We understand Colorado law related to Witness Tampering, and will prepare a solid defense for you. Together, we can protect your future.

No Comments

Leave a comment
Comment Information
Facing Charges? Get Help Now!

GET HELP NOW!

Tell us about your case and one of our experienced attorneys will get back to you promptly.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Case Results:

  • Sexual Assault and Rape charges related to divorce. Acquittal from jury trial. Weld County, Greeley, Colorado.
  • Sexual Assault on a Child, Possession of Child Pornography. Acquittal from jury trial. Jefferson County, Golden, Colorado.
  • Arson of Nursing Home. Dismissed by Court on Defendant's Motion to Dismiss. Jefferson County, Golden, Colorado.
  • Felony Drug Distribution. Acquittal from jury trial. Boulder County, Boulder, Colorado.
  • Rape and Sexual Assault charges involving divorce and child custody. Acquittal from jury trial. Douglas County, Castle Rock, Colorado.
  • Burglary and Felony Theft. Dismissed by District Attorney. Arapahoe County, Englewood, Colorado.
  • Theft of Drugs by Nurse. Dismissed by District Attorney. Jefferson County, Golden, Colorado.
  • Sexual Assault on a Child, Position of Trust. Acquittal from Jury Trial. Adams County, Brighton, Colorado.
  • Domestic Violence. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado.
  • Violation of Restraining Order. Dismissed by District Attorney. Douglas County, Castle Rock.

24 hour emergency service Same-day jail visits Free initial consultation Reasonable fees Flexible payment plans

Call Toll free: 866-365-9351 South Denver: 303-731-0719 North Denver: 303-916-9006 Email us

Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters.