Yesterday I discussed the crime of
tampering with physical evidence. Now I want to discuss a similar yet more serious charge, tampering with a witness, victim, or informant.
Florida Statutes defines this charge as follows:
914.22 Tampering with a witness, victim, or informant.--
(1) A person who knowingly uses intimidation or physical force, or threatens another person, or attempts to do so, or engages in misleading conduct toward another person, or offers pecuniary benefit or gain to another person, with intent to cause or induce any person to:
(a) Withhold testimony, or withhold a record, document, or other object, from an official investigation or official proceeding;
(b) Alter, destroy, mutilate, or conceal an object with intent to impair the integrity or availability of the object for use in an official investigation or official proceeding;
(c) Evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official investigation or an official proceeding;
(d) Be absent from an official proceeding to which such person has been summoned by legal process;
(e) Hinder, delay, or prevent the communication to a law enforcement officer or judge of information relating to the commission or possible commission of an offense or a violation of a condition of probation, parole, or release pending a judicial proceeding; or
(f) Testify untruthfully in an official investigation or an official proceeding,
As you can see, this charge requires intent and knowledge. The offender must know that the victim is a witness, victim, or informant in some type of judical proceeding, and the offender must act with the intent to get that person to alter their testimony, evade the court, or destroy evidence.
This is a tough charge for prosecutors to prove, however, it is taken seriously due to the fact that prosecutors have an interest in protecting their victims, witnesses, and informants.
This charge could easily be accompanied by other charges, depending on the circumstances. If the alleged victim is a witness in a case and any type of
battery or
assault is committed, then the accused would be charged with tampering with a witness along with any number of substantive charges if the alleged victim was harmed or threatened.
If the accused is the defendant in a prior criminal case where the alleged victim is a victim, witness, or informant, the accused may face charges if there is a prior
injunction in place.
What is more serious is if a permanent injunction has been issued, the accused may be charged with
aggravated stalking, along with tampering with a witness.
Prosecutors are beholden to their victims and witnesses because without these people, prosecutors' cases fall apart. Also, elected State Attorneys look good to the voting public when they "protect" the interests of the victims and witnesses of crime.
Crimes involving victims are always the most difficult to resolve due to the fact that assistant state attorneys (prosecutors) ALWAYS listen to their victims. It's office policy in Miami-Dade and Broward not to close out a case involving a victim without that victim's approval on a plea bargain or resolution.
Is it always fair? Of course not. But it's how it is.
My practice areas are Miami-Dade and Broward exclusively. I am a
criminal defense attorney who represents clients charged with all types of criminal violations, whether criminal traffic, misdemeanor, or felony.
If you would like to discuss your case confidentially,
call me.