Witness Tampering Attorneys in Miami
Fighting Tampering with a Witness Charges in Florida
Witness tampering involves behavior, such as intimidation or threats, that intends to induce an individual to withhold testimony. Like any obstruction of justice, this is a serious offense, as witness testimony is used as evidence within criminal and civil cases. It must remain truthful and unhindered for the justice system to effectively function.
At Beckham Solis, Attorneys at Law, we have over 35 years of combined experience that can be used to help you resolve these charges. We are ready to be your aggressive legal advocates, and our legal team is prepared to use all available resources to protect your constitutional rights, build a successful defense, and fight for the best possible outcome.
Call our Miami witness tampering lawyers at (786) 244-8010 for a free review of your case.
VICTORY BEGINS WITH BECKHAM SOLIS
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Felony Exploitation – Case DismissedThe Defendant was employed as social workers and assigned as the caretaker of several elderly people including the 68 years old victim. The Defendant was in a position of trust and had access to the social services office where the victim’s money was kept in a locked box. The box was checked on 07/22/2019 and was missing $200. The Defendant denied taking the money and was taken into custody on a separate charge. The Defendant then admitted to going into the victim’s box and stealing the $200 and was arrested, charged with felony exploitation of an elderly and disabled person.
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Felony Attempted Burglary – Case DismissedAt 10:50 PM, law enforcement was dispatched in emergency mode to respond to a burglary in progress. The officer made contact with victim and he stated that he observed through the peep hole a male with a black shirt wearing a mask and hitting his apartment door with a hammer. The Defendant was attempting to gain force entrance. Victim 1 stated that the Defendant looked like his neighbor who had several disputes in the past with others neighbors and provide the officer with the Defendant’s apartment number #107. The officer made contact with the Defendant and his grandmother. The grandmother stated that the Defendant keeps the hammer in his closet and provide it to the officer. The witness who lives nearby said she heard a loud noise and stepped outside to see what it was. The witness observed the Defendant hammering the door and described the Defendant. She also stated she recognized him as a male who lives in APT#107. The Defendant matched the description and was arrested, charged with Felony Attempted Burglary of an occupied dwelling.
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Domestic Violence Strangulation – Case DismissedAt 4:38 PM law enforcement began to investigate, both the Defendant and Victim 1. The Defendant was taken into custody and taken into interview room for further questioning. The Defendant admitted that he and victim 1 were involved in a verbal dispute but denied that the incident ever became physical. The Defendant and the victims were inside the Defendants vehicle when the argument occurred. Victim 1 explained that the argument escalated when the Defendant slapped her on the left side of her face and moments later on twice on her left thigh. Upon arrival at their home, the Defendant grabbed victim 1 by her hair and shoved her on the bed and mounted her as she now laid next to victim 2. The Defendant then took a black semi-automatic handgun from his waist and stated aloud “Do you want to die today!” Victim 2 began to cry and Victim 1 fled the residence with their child. Victim 1 during the investigation disclosed the Defendant had battered her in the past and provided photographs of the three other events. The Defendant denied this accusations and advised that he was unaware she was injured on those dates. The Defendant was arrested and charged with domestic violence strangulation.
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Aggravated Assault w/ Deadly Weapon, Domestic Violence, and Child Abuse – Case DismissedAt 4:28 PM, officer was dispatched in reference to a domestic disturbance between a father and son. Upon arrival, the officer made contact with the Defendant who stated he had a physical altercation with his father. The Defendant stated that he arrived to the residency where he lives with his mother and father; and then a verbal argument ensued with his father which led them to confronting each other in the backyard of the residence. The Defendant also states that his father struck him on the right side of his face causing a litigation to his right eyebrow. The officer observed a strong odor of alcohol from the Defendant. The victim stated the Defendant arrived to the residence in a bad mood and began to argue with his mother at which time the victim intervened. The victim also states that the Defendant repeatedly struck him while they were on the ground. The mother of the Defendant then confirmed this. The Defendant was arrested and charged with aggravated assault with a deadly weapon, domestic violence strangulation, and child abuse.
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Battery on a Elderly Person – Case DismissedAt 5:59 PM, law enforcement was dispatched in reference to domestic battery between husband, wife and daughter. Upon arrival, the officer made contact with victim 1 who was in distress and crying. Victim 1 stated that the Defendant became upset while at home and that the Defendant started to break things around the house then pulled her hair while he would break her face to put up a right fist. Victim 1 stated that she has been living in fear since she married the Defendant. Victim 1 also stated that he has become verbally and physically violent multiple times in the past but never wanted to call the police until today that he pulled her daughter’s hair. The officer then approached the Defendant and charged him with Battery on an Elderly Person.
Examples of Witness Tampering
Witness tampering for federal cases is discussed in statute 18 U.S.C. § 1512. For state cases, tampering with or harassing a witness can be found in Florida Statute § 914.22. Tampering does not have to be proven effective for the defendant to be charged.
Under Florida law, the following types of conduct are considered witness tampering:
- Threats of physical harm. This can involve threatening a witness with physical violence or actually committing violence to dissuade them from testifying.
- Bribery. Bribery consists of offering money, gifts, or any other benefit to a witness in exchange for altering their testimony or not testifying at all.
- Intimidation. Using fear, intimidation, or coercion to influence a witness's testimony or to persuade them not to report a crime is a form of witness tampering.
- Misleading conduct. This refers to directing a witness to provide false information or to omit certain facts in their testimony, thus intentionally misleading the courts.
- Preventing attendance. This involves engaging in actions that physically prevent a witness from attending court, such as kidnapping or detaining the witness.
Federal law defines several other types of conduct that can constitute witness tampering:
- Harassment. This involves intentionally harassing a witness to hinder their testimony by creating a hostile environment or threatening economic harm.
- Obstruction. Obstruction refers to destroying or altering evidence that might be presented by a witness or encouraging the witness to do so.
- Corrupt persuasion. Persuading a witness through unethical means to withhold testimony or commit perjury is called corrupt persuasion.
- Intimidation of family members. Threatening or harming the family members of a witness to induce them to change their testimony or refuse to testify is a form of witness tampering.
- Deceptive practices. Fabricating false records or documents to influence the outcome of a trial or encouraging a witness to use these false documents is also unlawful.
Do not wait to get in touch with our Miami witness tampering attorneys if you are facing these charges. We can review the details of your situation and get to work on building your defense.
Burden of Proof in Florida Witness Tampering Cases
In Florida, you can only be found guilty of witness tampering if it can be proven beyond a reasonable doubt that you attempted to tamper with the witness’s testimony or evidence. The prosecution must also be able to prove that the witness had been scheduled to act as a witness in court. Disproving or weakening just one element of the prosecution’s case could positively impact your defense.
If you are charged with or under investigation for this offense, our Miami witness tampering lawyers at Beckham Solis, Attorneys at Law are here to help. Call (786) 244-8010 or contact us online to discuss your options and how to proceed.
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The staff at Beckham Solis did an amazing job handling my case. They went above and beyond with closing everything in a timely manner. They were very reasonable with pricing and very flexible with payment. Barbara was very helpful answering any questions or concerns that I had. I highly recommend these law professionals to handle any legal matters you may need resolved.
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"Great response rate, amazing customer service."Beckham Solis, Attorneys at Law, has always been available to answer all my questions. They offer a great response rate, amazing customer service, and a team that genuinely cares about its clients. Thank you, everyone, for everything!- Fabrizio Q.
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"Professional, attentive, and efficient."Service has been top-notch since February. Beckham Solis, Attorneys at Law, are professional, attentive, efficient, experienced, and qualified. My case was quickly resolved, and I'm very thankful. Extremely happy with the outcome and highly recommend this firm.- Carolina G.
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"Experience, expertise, and support."I worked with Beckham Solis, Attorneys at Law, for two years. Their experience, expertise, and support helped me make the best decision to save my life. I was facing serious time, but it was all adjudicated. They got me out of the worst time of my life. Th- J.D.
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"Knowledgeable, skilled professionals!"I'm so happy I found these lawyers on the Internet. I was very nervous and scared when I walked into the office, thinking a bad outcome could change my life drastically. They were able to get my case dismissed! I highly recommend Beckham Solis, Attorneys a- Leonel D.
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"Thanks to their experience and hands on attitude my case was dismissed."
I highly recommended Beckham & Solis, for a top notch professional & straight forward criminal defense representation. They are fast, on point & available at anytime. Thanks to their experience and hands on attitude my case was dismissed. It is a total life changer. Thanks so much to the whole team you are the Best!
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Understanding the Differences Between Witnesses, Victims, and Informants
The law does not distinguish among the types of individuals being influenced when it comes to the illegality of tampering actions. The core element remains the intent to disrupt the judicial process by affecting the truthfulness, availability, or reliability of the testimony. Whether the target is a neutral bystander (witness), someone directly harmed by the crime (victim), or an insider providing critical information (informant), the penalties for tampering can be severe, including lengthy prison sentences and hefty fines.
Witnesses
A witness is anyone who has firsthand or relevant information about a crime and can provide testimony to that effect. Witnesses can range from bystanders who happen to observe an event to experts who present specialized knowledge. In terms of legal protection, witnesses are shielded from tampering through specific statutes that criminalize interference with their ability to testify freely and truthfully. Since witnesses can significantly impact the outcome of legal proceedings, protecting them from threats, bribery, or coercion is a priority.
Victims
Victims are individuals who have directly suffered harm as a result of a crime, whether it be physical injury, emotional distress, financial loss, or damage to property. As primary sources of evidence, victims' testimonies often carry substantial weight in court. However, the traumatic nature of their experiences necessitates additional considerations for their protection and support. Laws against witness tampering are stringently applied in an effort to prevent any attempts to silence or intimidate victims.
Informants
Informants are individuals who provide information to law enforcement about criminal activities, typically in exchange for some form of leniency or benefit. Unlike witnesses and victims, informants might have a history of participating in criminal activities themselves. Their dual role as both informant and potential collaborator in crime introduces unique challenges in ensuring their credibility and safety. Protection strategies for informants often entail secrecy and anonymity to mitigate risks associated with retaliation from those they implicate. Informant management and protection are intricately tied to the integrity of the legal proceedings they influence.
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Lack of IntentIt will be much harder to convict you of witness tampering if we can successfully argue that you had no intent to influence testimony or obstruct justice. Put another way, establishing that your actions were misunderstandings or miscommunications that lacked nefarious intent could significantly weaken the prosecution’s case.
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Coercion or DuressDemonstrating that you yourself were under threat or coercion to commit the alleged acts of witness tampering can serve as an effective defense. Showing that you were forced to interfere with a witness’s testimony under the duress of immediate danger or harm could absolve you of legal responsibility.
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Insufficient EvidenceA common defense strategy in criminal cases is to challenge the sufficiency and reliability of the evidence presented by the prosecution. This could involve disputing the credibility of the witnesses testifying against you, questioning the objectivity of the investigation, or highlighting inconsistencies and gaps in the prosecution's case. If the evidence can be cast into doubt, the charges may not stand.
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First Amendment RightsIn certain cases, we might argue that your actions are protected under the First Amendment rights to free speech. This would involve asserting that you were merely engaging in lawful communication without the intention of tampering with a witness. However, this defense must clearly delineate between protected speech and actions intended to obstruct justice.
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AlibiPresenting a solid alibi that places you elsewhere during the time the alleged tampering took place can serve as a strong defense. If we can convincingly show that you were not at the scene or involved in the witness tampering actions, the charges may be dismissed.
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EntrapmentIn some circumstances, we might argue entrapment, claiming that law enforcement induced you to commit an act you would not have otherwise engaged in. This defense hinges on showing that the government agents or officials initiated and promoted the tampering conduct, thereby compelling you to commit the offense.
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Mistaken IdentityIn scenarios where you are blamed for tampering that was carried out by someone else, we can argue a defense of mistaken identity. This involves presenting evidence that another individual committed the actions in question, which may include eyewitness testimony, surveillance footage, or other exculpatory evidence.
Potential Defense Strategies for Witness Tampering in Florida
Below are some of the defense strategies our Miami witness tampering lawyers may pursue.
The facts of your case will determine what defense options are available to you.
After carefully investigating and analyzing your circumstances, we can walk you through
your options and advise on what we believe to be the best possible path forward.
Why Partner with Beckham Solis, Attorneys at Law?
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Distinguished ReputationOur reputation is backed by numerous awards and recognitions.
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Comprehensive Team ApproachWe give you the benefit of three accomplished attorneys.
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35 Years of Combined ExperienceOur team will help you get the results you deserve.
