According to reports out of Hall County, a man who is an alleged gang member has been arrested for his attempt to intimidate witnesses.
The incident arose out of one of the other members of the same gang being the defendant in an attempted murder trial. The defendant of the original case was accused of being the aggressor ini two different shootings. The man involved in the gang then attempted to intimidate all witnesses that were connected to the trial. Authorities arrested him for that behavior.
There are many different crimes that are related to the judicial process. This includes tampering with evidence in Georgia. As a Georgia Criminal Defense Attorney, I will outline the legal elements of the offense of influencing witnesses in Georgia.
Influencing Witnesses in Georgia
The Georgia Code defines influencing a witness in Georgia in O.C.G.A. §16-10-93, a witness can be influenced with or without force. The first part of the law outlines the first type of witness influence:
A person who, with intent to deter a witness from testifying freely, fully, and truthfully to any matter pending in any court, in any administrative proceeding, or before a grand jury, communicates, directly or indirectly, to such witness any threat of injury or damage to the person, property, or employment of the witness or to the person, property, or employment of any relative or associate of the witness or who offers or delivers any benefit, reward, or consideration for such witness or to a relative or associate of the witness shall will be guilty of influencing witnesses.
The second part of the law outlines the second type of witness influence:
It shall be unlawful for any person knowingly to use intimidation, physical force, or threats; to persuade another person by means of corruption or to attempt to do so; or to engage in misleading conduct toward another person with intent to:
(A) Influence, delay, or prevent the testimony of any person in an official proceeding;
(B) Cause or induce any person to withhold testimony or a record, document, or another object from an official proceeding, alter, destroy, mutilate, or conceal an object with intent to impair the object's integrity or availability for use in an official proceeding, evade legal process summoning that person to appear as a witness or to produce a record, document, or other object in an official proceeding; or be absent from an official proceeding to which such person has been summoned by legal process; or
(C) Hinder, delay, or prevent the communication to a law enforcement officer, prosecuting attorney, or judge of this state of information relating to the commission or possible commission of a criminal offense or a violation of conditions of probation, parole, or release pending judicial proceedings.
Georgia laws are extensive. The Georgia Code covers a vast array of serious to less serious crimes. If you or a loved one has been arrested for committing one of these crimes, please contact our offices now. We can help you today.