California has developed a stringent set of laws intended to protect intimate partners (homosexual or heterosexual people who are married, divorced, dating, cohabitating, or who have children together). The crime of witness intimidation is a domestic violence charge involving alleged threats to an intimate partner. This crime occurs whenever a person attempts to prevent an intimate partner from making a police report, answering questions from law enforcement personnel, or testifying in a court proceeding. The offense can be charged as a misdemeanor or felony depending on the circumstances. If charged as a misdemeanor, witness intimidation is punishable by up to one year in jail. If the defendant is accused of using or threatening force, if the intimidation is part of a conspiracy, or if the purpose of the intimidation is financial gain, the charge will rise to a felony, punishable by two to four years in prison. Whether the defendant’s attempt is successful is irrelevant. The question is intention, not whether the intimate partner was actually intimidated.

After a person is arrested for misdemeanor intimidation of a witness, the court will set bail according to the bail schedule. This amount can be raised or lowered based on an application submitted by the defendant, anyone on behalf of the defendant or by the arresting officer. However, with a felony witness intimidation charge, the law forbids the defendant from being released on a bail amount differing from the bail schedule or on his or her own recognizance (commonly called OR) without first having a court hearing.

During a bail hearing, the judge will consider the prior criminal history of the accused, his or her flight risk, and the circumstances surrounding the pending case to determine whether to raise or lower the set bail amount or to release the defendant OR. When the judge makes a determination about bail, he or she presumes that the accused is guilty. This is a common tenant of criminal law and illustrates the importance of having a skilled criminal defense lawyer present at all court appearances.

A defendant will usually be denied an OR release in domestic abuse cases and therefore must post bail. Bail can be posted in two ways ? posting cash bail or posting a bail bond. A cash bail release requires the defendant to post the full amount of bail in certified funds or cash with either the arresting agency or with the clerk of the court. If the defendant attends every court appearance, the cash will be returned within 60-90 days after the case is resolved. However, if the defendant fails to appear, the cash bond is forfeited to the court.

When the defendant enters into an agreement with a bail agent whereby the agent agrees to post bond for the full bail amount, such a contract is called a bail bond. The bondsman usually charges ten percent of the bond amount as a fee for services. The bondsman may also require collateral, typically in the form of a car, house or something else of substantial value to secure the bond. If the defendant doesn’t repay the bond, the bondsman can legally keep or sell the defendant’s collateral. At the resolution of the case, the bond is exonerated and the collateral is then released.

Like other California domestic violence offenses, a witness intimidation conviction can entail harsh penalties. The defendant’s freedom, reputation, career and family are in jeopardy. With so much at stake it is crucial for a person accused of witness intimidation or any other intimate partner abuse crime to speak to an experienced California defense attorney as soon as possible. Lawyers at the Kavinoky Law Firm have defended against hundreds of domestic abuse cases and know how to handle any issues that may arise. Contact the firm today and speak to a knowledgeable legal professional.