Witness And Victim Crimes
Witness Or Victim Intimidation, Retaliation, Tampering And Bribery
In Denver, Jefferson and Arapahoe counties, Colorado, the fair administration of justice requires that both sides to a criminal case have access to witnesses free of influence from the other side. Witness or Victim Intimidation, C.R.S. 18-8-704, Retaliation Against a Witness, C.R.S. 18-8-706, Tampering with a Witness or Victim, C.R.S. 18-8-707, and Bribing a Witness, C.R.S. 18-8-703, all seek to ensure this fundamental principle is not corrupted.
Without these important laws governing criminal cases in Adams and Douglas counties, defendants would not receive a fair trial, and the government would find it difficult to obtain convictions. Both the defense and the prosecution would lose confidence in their ability to take a case to trial and obtain a just verdict. As a result, the criminal justice system would deteriorate into a system of bribery and threats to get witnesses to testify as one side could pressure them.
Witness or victim intimidation deals with threats or acts of harm directed to a witness or victim or their family. This unlawful conduct is designed to get a witness or victim to testify falsely, withhold testimony, or avoid a summons or subpoena. The presence or use of a deadly weapon during this crime elevates it to Aggravated intimidation of a victim or witness, C.R.S. 18-8-705 in Broomfield, Boulder and Weld counties.
Retaliation against a witness or victim involves the use of a threat, act of harassment, or act of harm or injury against a person or the property of a person, who has testified. Revenge against another person for testifying in court would be the motive in this crime.
Tampering with a witness or victim prohibits a person from encouraging another to testify falsely, withhold testimony, skip coming to court after being summoned, or avoiding legal process of a summons.
Bribing a witness or victim is distinguished by the offer of any benefit (like money or property) to be given in exchange for testifying falsely, to withhold testimony, to avoid legal process (summons or subpoena) or to absent themselves from court.
It is possible that a person could be charged with more than one of these crimes for the same act. For instance, a person could be charged with an attempt to bribe a witness, and then intimidating a witness or victim, once the witness or victim refused the offer of money and was then threatened with physical harm.
If you have been contacted by police concerning one of these witness or victim intimidation, retaliation, or bribery crimes, be smart, exercise your right to remain silent, and call the experienced criminal defense attorneys at the O'Malley and Sawyer, LLC, at 3303-731-0719, today. Together, we can protect your future.