Can a Process Server Be Charged with Tampering with an Ongoing Criminal Investigation
My question involves criminal law for the state of: California.
A friend asked me to do him a favor and help his friend (plaintiff) by serving papers on a guy (defendant) regarding a restraining order the Plaintiff filed against the guy (defendant) after he attacked the Plaintiff from behind in a parking lot and did serious injury to the Plaintiff's shoulder. I served the Defendant with the court papers (which were in a sealed envelope and I never saw the actual documents), and went to the Plaintiff's attorney's office and signed the California Superior Court Proof of Service. I was just doing my friend a favor, I'm not a certified process server and I didn't charge him a fee for my services.
A week following the restraining order he filed a civil suit against the guy for medical expenses, pain and suffering, etc., which I have not been involved with in any way.
Now a few months later the Plaintiff has become a bit 'odd' and has sent me several texts with messages like "The paper you signed after serving notice of restraining order...I hope you read it close because by you telling your wife or anyone else is a felony and you could be charged with tampering with an ongoing criminal investigation... just so you know."
Somehow in his mind he has worked his little lawsuit against this guy up to the level of it being a matter of national security or something and makes a big dramatic show by telling people "Oh, no, no. My attorney has informed me that anything I say to people could really jeopardize my case so I'm just not legally able to tell you about it." and other ridiculous refusals to speak about "the case".
Since I didn't serve papers to the Defendant about the civil case, only the restraining order, can the Plaintiff charge me with "tampering with an ongoing criminal investigation"? And civil cases are a matter of public record so the mere fact that this guy is suing another guy is not a national secret (unless the case was sealed by the court or whatever).
So is my telling someone that Person A is suing Person B in Civil Court actually "tampering with an ongoing criminal investigation", and if it is would it actually be a felony or just a misdemeanor or something?
Re: Can a Process Server Be Charged with Tampering with an Ongoing Criminal Investiga
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Quoting
DesertMike
Now a few months later the Plaintiff has become a bit 'odd' and has sent me several texts with messages like "The paper you signed after serving notice of restraining order...I hope you read it close because by you telling your wife or anyone else is a felony and you could be charged with tampering with an ongoing criminal investigation... just so you know."
What did this paper that you signed, say about all of this? You did read the paper before you signed the paper, right?
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Somehow in his mind he has worked his little lawsuit against this guy up to the level of it being a matter of national security or something and makes a big dramatic show by telling people "Oh, no, no. My attorney has informed me that anything I say to people could really jeopardize my case so I'm just not legally able to tell you about it." and other ridiculous refusals to speak about "the case".
Here, the plaintiff is correct. Anything that he says to anyone who is not his attorney, can be used against him in court.
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Since I didn't serve papers to the Defendant about the civil case, only the restraining order, can the Plaintiff charge me with "tampering with an ongoing criminal investigation"?
The Plaintiff can not charge you with anything. Only the police and/or the prosecutors can charge you. The Plaintiff can simply file a complaint.
Re: Can a Process Server Be Charged with Tampering with an Ongoing Criminal Investiga
Quote:
Quoting
DesertMike
Now a few months later the Plaintiff has become a bit 'odd' and has sent me several texts with messages like "The paper you signed after serving notice of restraining order...I hope you read it close because by you telling your wife or anyone else is a felony and you could be charged with tampering with an ongoing criminal investigation... just so you know."
There is nothing in the proof of service form that has anything to do with confidentiality. However, since you delivered a sealed envelope you didn't KNOW that it was a summons and complaint in there. Did you?
http://www.courts.ca.gov/documents/pos010.pdf
So there might be some irregularity if you checked the summons and complaint boxes and it turns out it wasn't.
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Quoting
DesertMike
So is my telling someone that Person A is suing Person B in Civil Court actually "tampering with an ongoing criminal investigation", and if it is would it actually be a felony or just a misdemeanor or something?
No. The civil suit is public record.
Your friend is nuts. Ignore him.