Bribing of a witness regarding trial attendance is not only a serious criminal offense, but can result in a felony on your criminal record. Those who are found to be in violation of Penal Code 138 can lose their ability to take advantage of government assistance and may no longer be allowed to work in the same industry. Too often, those charged with crimes are believed to be guilty by family and friends regardless of whether or not they truly are.
At MacGregor & Collins, LLP, we understand that bad things can happen to good people. Their Orange County white collar attorneys can help you to better understand your charges as well as provide in-depth California penal code information. Call today to receive assistance from experienced legal professionals.
PC 138a Defined
According to California Penal Code 137a, anyone who willfully influences a witness’ trial attendance through bribery is guilty of this crime.
Bribery in the instance of PC 138a is the act of persuading a witness to not show up to a California court for money or something valuable. People who accept or offer a bribe can both be found guilty of this crime.
In order for the state to successfully prosecute your for violating CPC 138, Bribery of Witness Regarding Trial Attendance, prosecutors must be prepared to provide evidence that you intentionally offered a witness money or valuables to dishonestly manipulate their court trial attendance.
There are several scenarios that could result in a charge for bribing of a witness. The following could be considered an example:
Todd is facing charges for drug crimes. Todd believes that the prosecution’s key witness, Barry, is the only evidence that Todd is guilty of his crimes. To increase his chances of success in trial, Todd contacts Barry and offers him his car to not show up on the day of trial. Barry agrees, but later contacts police and informs them of his conversation with Todd. An investigation follows in which Todd now faces charges for violating CPC 138 in addition to his drug crime charges.
Penalties for Violating CPC 138 a
Bribery of Witness Regarding Trial Attendance is a felony, punishable by:
- 4 Years in the California State Prison
If you are facing Bribery of Witness Regarding Trial Attendance charges for California Penal Code Section 138 a or any other white collar crime, you face an uphill battle. Dissuading a witness may influence a jury to believe that you are guilty of the crime for which you tried to influence a witness. A skilled criminal defense attorney will be able to evaluate all of the evidence in your case to formulate defense strategies that have the potential to get your case dismissed.
Regardless of whether or not you are planning to hire an attorney, call (888) 250-2865 and speak with a MacGregor & Collins, LLP legal professional. With more than forty years of combined Orange County legal experience, you can count on receiving information that will help you make informed decisions.