Hogansville, Ga. - According to Troup County officials, a local man was arrested twice over a 72 hour period.
The man was originally arrested for allegedly possessing five pounds of narcotics in his home. He was then arrested a second time after being accused of posting a photograph of the head investigator and his wife on social media. He posted the picture with the investigator's full name. The Troup County Sheriff's Office stated that he intended to “influence, delay or prevent the testimony of persons in an upcoming court proceeding.”
As a Troup County Criminal Defense Lawyer, I will outline the crime the man has been accused of committing which resulted in his second arrest - influencing a witness.
Influencing a Witness 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.
There are many different types of criminal offenses in the state of Georgia. People are shocked at the amount of crimes that they have never even heard of. If you have been arrested for a crime in Georgia, contact our offices today.