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  1. #1
    Join Date
    Dec 2006
    Posts
    1

    Default Deterring a Witness

    My son was arrested 3 weeks ago for the original charge of "Robbery" in the County of Los Angeles, California for arguing with a store manager and hitting his cell phone out of his hand. So when the police arrived they decided to arrest him and charge him with "Robbery" for taking the Cell phone out of the managers hands even though the store manager agrees that he was not trying to rob him, his only crime was that he was drunk and obnoxious. So they went to court today and thankfully the Robbery charge was dropped, but not they are holding him under another charge "Deterring a Witness" does anyone know what exactly does that mean? My son is a college student that was with some friend watching an Ultimate Fighting match where everyone was drinking and having a good time when my son decided to go to the next door to purchase something to eat, in which he did and paid for it, but for some reason he and the store manager got into words, (I can only imagine that my son was drunk & was probably rude) and ended up getting arrested. My son only crime as the store manager said is being drunk in public and probably disturbing the peace, but most certainly not robbery. But now he is being held for "Deterring a Wittness" in which his public defender informed him that its a Felony and can get up to 5 years in jail unless he pleads guilty and in which he will receive 1 year in the county jail, which breaks down to either 10% or 25% of his time and with a felony on his record. Any suggestions?

    Signed,
    Devasted Mother

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Son being charged with "Deterring a Witness?"

    Are you referencing this statute:
    Quote Quoting Califorina Penal Code § 140.
    (a) Except as provided in Section 139, every person who willfully uses force or threatens to use force or violence upon the person of a witness to, or a victim of, a crime or any other person, or to take, damage, or destroy any property of any witness, victim, or any other person, because the witness, victim, or other person has provided any assistance or information to a law enforcement officer, or to a public prosecutor in a criminal proceeding or juvenile court proceeding, shall be punished by imprisonment in the county jail not exceeding one year, or by imprisonment in the state prison for two, three, or four years.

    (b) A person who is punished under another provision of law for an act described in subdivision (a) shall not receive an additional term of imprisonment under this section.

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