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Can you be charged with witness tampering if you ask the accuser (acquaintance) what happened & why she called the police.

Jonesboro, GA |

on the defendant who is a friend. Just came home and someone informed me my friend was accused of rape by his on and off friend he was having sex with. Trying to find out what happened, I seen the accuser in our neighborhood and asked her can I talk to her. she said yes and told me what happened. After hearing the story I asked her why she called the police on my boy. At that time one of my friends walked up behind me and she just started laughing and walked in her house, Then we left. About a month later I found out my friend and I had a warrant for witness tampering ( i turned myself in ) my co defendant was on probation so now after my 2nd court date I found out he pleaded out. The accuser has not shown up at either court date and moved out of state. The other friend in jail for rape.

To Mr. Lewis there was no restraining order or order to stay away. The alleged rape was suppose to happen at 3am that morning and I was not even in town. I returned later that morning thats when I heard what happen. After that I saw her and thats when we talked. My lawyer has a written statement from her daughter that her mother's statement was false also there was people outside that said they did not witness any verbal or physical threat. To address my friend pleading out I don't know why he did i'm assuming it's because he was already on probation. Let me just say i'm 21 and my co defendant is only 19 with NO family support and my friend who was accused of rape is 21 and the victim is 39 This lady is unstable, has a history of using drugs and sleeping with her daughters friends. So my mistake if I didn't take that in consideration when speaking with her. Should I go to jail for that and to Mr. Adams Yes i guess i'm asking can I be convicted. But I do thank you for your help

Attorney Answers 3


It is not against the law to talk to a witness or even questions a witnesses statement. You cannot offer them anything of value or threaten any harm to them to get them to change their story, that is influencing a witness.

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I think there must be more to it than that, why woudl your friend plea out just for a discussion. IF you were told to stay away from the victim and you didn't that is a problem, but if you were honestly asking questions you did not know the answers to and there was not issue of you knowing she was a victim and no restraining or stay away orders you should be fine. You should work with a local attorney if it goes to court.

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Your question is an odd one since you have already been charged with a crime if a warrant was issued for your arrest. If you mean can you be convicted, then that is an entirely different question. Your charge sounds like it may be a felony which means that you can serve time in prison if you are convicted. You should hire a lawyer immediately or ask the court to appoint a lawyer to assist you in your defense. Best of luck to you.

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