An enhanced version of this law is found in the Aggravated Witness Intimidation Law: Aggravated Intimidation of a Witness or Victim 18-8-705. Some Thoughts on this Law The plain language of subsection (1)(a) does not require the DA to prove an attempt to interfere with actual testimony anticipated to be offered at a trial, hearing, or other sworn proceeding but only that the defendant attempted to influence a witness or victim to testify falsely or to unlawfully withhold testimony that may be offered in the future, and the witness or victim need not be under subpoena or legal summons at the time of the contact. The mere presence of the victim at trial does not permit the jury to conclude that she or he was legally summoned to appear at trial.
And the charge is at the beginning of the statute I pasted: "Tampering with a witness/tampering with a victim." The charge is being in violation of that statute by engaging in one of the listed activities.
That IS the law in Missouri, taken directly from the Missouri statutes.
It is very very important that an individual permit his/her lawyer to investigate a case and speak to the victim and witnesses’s in the case. Also – it should be noted that verbal threats to kill or injure a witness in retaliation for the witness’s testimony are not protected speech under the first amendment. After a very unsure and somewhat difficult time for me, this very skilled and knowledgeable attorney was able to find the right path to take to reach a dismissal in my case.
Often, after being charged – or in anticipation of charges, the Client enraged or just upset willmake things much worse by contacting these individuals on their own. Threats to injure a potential witness’s family, made with the intent of discouraging testimony, are also not protected speech. For that I can't tell you how much I appreciate his representation and his excellent understanding and helpful personality.
Intimidation of a witness can be applied outside of any other criminal charges.