Massachusetts General Laws Chapter , Section 13B makes it a crime to willfully or recklessly engage in certain acts in an attempt to persuade certain persons who are connected to criminal proceedings, including witnesses, jurors, judges, prosecutors, defense attorneys, and others.
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- SECTION 13B: INTIMIDATION OF WITNESSES, JURORS AND PERSONS FURNISHING PROSECUTION...
- GENERAL LAW - PART IV, TITLE I, CHAPTER , SECTION...
Please enter your email address. The Massachusetts witness intimidation law prohibits several types of conduct, including threatening potential witnesses and offering a gift to a potential witness to procure his silence. For example, Massachusetts courts have upheld convictions of Intimidation for pointing a cell phone camera at a witness waiting to testify; and even for threats made after the close of the evidence at trial but before the jury had returned with a verdict.
After count 1 was dismissed, the judge vacated the sentence on that conviction and did not modify the sentences on the remaining convictions. Being such a new law most MA criminal charges are decades or even centuries older it has been interesting to see how police and prosecutors have used the charge of witness intimidation since its inception as a tool to fight violent and dangerous gangs.
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Such act shall include, but not be limited to, an act conducted by mail or by use of a telephonic or telecommunication device or electronic communication device including but not limited to any device that transfers signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo-electronic or photo-optical system, including, but not limited to, electronic mail, internet communications, instant messages or facsimile communications.
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In an important decision delivered today, the Massachusetts Supreme Judicial Court concluded a defendant who swallowed a baggie containing drugs to prevent its seizure did not violate the witness intimidation statute.
If you or someone you know has been charged with intimidating a witness in the state of Massachusetts, there is some important information you should know.
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Practice, Criminal, Sentence, Mittimus.