Bribery of a Witness
In almost any civil or criminal case that goes to trial, the testimony of witnesses, especially eye-witnesses who seem otherwise disinterested, often plays a huge role in the outcome of the case. In fact, a seemingly disinterested witnesses can be much more influential in the eyes of a judge and jury than any of the parties actually involved in the case. For that reason, individuals may feel tempted to bribe a witness in order for them to take the witness stand and lie under oath in an attempt to help the bribing party win its case.
Bribing a witness has the potential to undermine everything the justice system is supposed to stand for, because it compromises a party's right to a fair trial. Thus, Tennessee law makes it a serious felony offense to bribe a witness, according to the following statute, T.C.A. 39-16-107:
(a) A person commits an offense who:(1) Offers, confers or agrees to confer anything of value upon a witness or a person the defendant believes will be called as a witness in any official proceeding with intent to:
(A) Corruptly influence the testimony of the witness;
(B) Induce the witness to avoid or attempt to avoid legal process summoning the witness to testify; or
(C) Induce the witness to be absent from an official proceeding to which that witness has been legally summoned; or
(2) Is a witness or believes the person will be called as a witness in any official proceeding and solicits, accepts or agrees to accept anything of value upon an agreement or understanding that:
(A) The witness's testimony will be corruptly influenced;
(B) The witness will attempt to avoid legal process summoning the witness to testify; or
(C) The witness will attempt to be absent from an official proceeding to which the witness has been legally summoned.
Thus, it is an offense to attempt to influence the testimony of a witness or to attempt to influence a witness to avoid showing up to court. Likewise, it is an offense for a person who is or who thinks they will be a witness to agree to do the same. Such activity is a Class C felony in Tennessee, carrying up to fifteen years in jail and a significant fine. If you or someone you know is facing criminal charges, contact an experienced East Tennessee criminal defense attorney for assistance with your case.
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