Before contacting the police or the other party, you may be best served by contacting an experienced Massachusetts criminal defense lawyer who can advise you on the possible pitfalls of trying to handle the matter on your own, when possible jail time is at stake.
Whoever directly or indirectly, willfully threatens, attempts or causes physical, emotional, economic injury or property damage a witness or potential witness may be imprisoned for up to 10 years in prison and fined up to ,000.
Officer Ruano and the witness sat on opposite ends of the kitchen table and had a conversation that was witnessed by Officer Ruano’s girlfriend and the witness’ roommate.
Officer Ruano reminded the witness that he was a police officer and said the case was endangering his career and his pension.
The witness could be involved in any stage of the criminal proceeding, grand jury, trial or other criminal proceeding.
If wilful threats are alleged, intent can be decided based on the defendant's actions and words, and the surrounding circumstances to determine intent.
The witness agreed, and Officer Ruano and his girlfriend appeared and were invited into the witness’ kitchen. In this case, the defendant in a criminal proceeding admitted to saying to a witness “[w]ait until [your] court date, [I’m] going to make sure [you] get screwed,” and also admitted that he “told her when I was done with my case, I was going to sue her for her house.” The complaining witness testified that the defendant also made claims that he would “come to her house [that night] and that he said he would ‘shoot up my house’”. This determination placed the comment outside of the realm of protected speech.” The Witness Intimidation statute G. If you are a citizen or attorney confronted with this complicated area of law, we are glad to offer our thoughts.The Boston Globe now reports that the man who made these comments has been arrested and charged with the crime of witness intimidation.In March of 2006 the legislature passed a bill targeted at decreasing gang violence and giving police more tools to arrest and prosecute gang members who terrorize the community with violent crimes.