Many defendants believe they can resolve their legal troubles by talking to witnesses. They think that they can get witnesses to take back their statements to police and prosecutors, or even to refuse to testify against them. However, this is a misconception. It is generally advised that defendants avoid contacting witnesses for several reasons.
Judicial orders
First, there is the judicial order. Judges often issue orders prohibiting defendants from contacting witnesses. Violating these orders can lead to serious legal repercussions.
Witness intimidation
The second reason is witness intimidation. Attempting to speak with a witness could be interpreted as trying to intimidate or influence them, which is a criminal offense. This could add additional charges to the charges you are already facing.
Witness tampering, which includes any effort to interfere with a witness’s testimony or cooperation in a criminal case, is a criminal act. This can range from misdemeanors to felonies and includes actions like encouraging a witness to lie, altering or destroying evidence, or refusing to testify. Even if someone else commits the tampering on behalf of the defendant, both parties can be charged with a crime.
Legal implications
Plus, there are the legal implications of all your statements. Any statements made by the defendant to a witness can be used against them in court, including whatever you say to these witnesses and the fact that you are even talking to them to begin with.
Prosecutors’ tools to compel witnesses to testify
Nonetheless, hypothetically, even if one is successful, and incurs no consequences, prosecutors have several tools to compel witnesses to testify. The most common being the subpoena. If a witness refuses to comply with a subpoena, a judge can issue a warrant for their arrest.
Conclusion
While it might be tempting for a defendant to try and resolve their issues by talking to witnesses, the potential legal implications and consequences are severe. It is best to allow the legal process to unfold with each party playing their respective roles. Contacting witnesses directly can lead to accusations of witness tampering, additional charges and complications in the legal proceedings. Therefore, defendants should refrain from such actions and let their legal counsel handle interactions with witnesses.