Intimidating a witness pa

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Intimidating or tampering with a witness involves trying to get a witness to lie, say certain things under oath, alter or destroy evidence, or not testify or cooperate with authorities at all.

Examples include: Some states’ statutes criminalize intentionally influencing a witness by any means.

The other statutes require that the person accused actually threatened or intimidated the witness.

Coercion and intimidation can involve threats other than physical violence or property damage.

Even if the court does not forbid contact, this is a best practice because contact can lead to accusations of witness tampering, whether or not tampering actually occurred.

But what if a witness in a case is a party’s spouse, close relative, friend or co-worker?

(2) Give any false or misleading information or testimony relating to the commission of any crime to any law enforcement officer, prosecuting official or judge.

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(2) Subsection (1) does not apply to the reimbursement or payment of reasonable costs for any witness to provide a statement to testify truthfully or provide truthful information in an official proceeding as provided for under section 16 of the uniform condemnation procedures act, 1980 PA 87, MCL 213.66, or section 2164 of the revised judicature act of 1961, 1961 PA 236, MCL 600.2164, or court rule.

As used in this subsection, “retaliate” means to do any of the following: (9) This section applies regardless of whether an official proceeding actually takes place or is pending or whether the individual has been subpoenaed or otherwise ordered to appear at the official proceeding if the person knows or has reason to know the other person could be a witness at any official proceeding.

(11) The court may order a term of imprisonment imposed for violating this section to be served consecutively to a term of imprisonment imposed for the commission of any other crime including any other violation of law arising out of the same transaction as the violation of this section. 28, 2001 Compiler's Notes: Former MCL 750.122, which pertained to conflict of interest and officers of public institutions, was repealed by Act 317 of 1968, Eff.

Criminal cases usually take several months to complete, if not years, and it simply is not realistic for people in close personal relationships not to have contact for such a long period.

Lawyers often tell their clients not to talk about a case with anyone, but this also is not realistic if two people live together or were present at the same event and are involved in trial preparation together.

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