Witnesses are crucial in criminal case proceedings because their testimonies influence the outcome of a trial. A witness has an oath-based duty to reveal factual evidence which leads to fair judicial proceedings. Any attempt to offer money or something of value to witnesses to influence their testimony is a criminal offense.

California divides witness bribery into two distinct categories: bribing a witness to influence their testimony and paying them to influence their court appearance. This article explains the offenses of witness bribery, their penalties, and available defense strategies.

Defining Bribery of a Witness Crime in California

Bribery of a witness involves giving or offering valuable items to a witness to influence their testimony or attendance in a trial proceeding. California Penal Code 137(a) and 138(a) contain statutes that criminalize this offense.

To be guilty of bribery of a witness does not only mean that you offered money or gifts to the witness; even if you offer a benefit, you still commit the crime. The key element that the prosecution must prove beyond a reasonable doubt to secure a conviction is your intent to alter the case’s result by influencing the witnesses’ actions.

The crime of bribery of a witness is divided into two categories:

  • PC 137 (a) - Bribery of a witness regarding testimony
  • PC 138 (a) - Bribery of a witness regarding trial attendance

Defining Bribing of a Witness Regarding Testimony

Under California Penal Code 137(a), it is a crime to offer anything of value to a witness to influence their testimony in court. This law applies regardless of whether you wanted the witness to lie or alter their evidence for either the plaintiff or defendant.

To secure a conviction under PC 137(a), the prosecution must demonstrate beyond a reasonable doubt the following key elements:

  • You provided something of worth to a witness or someone who was set to become a witness in a legal proceeding.
  • You aimed to use bribery to manipulate how the witness would testify in court
  • You and the witness both agreed in advance that the testimony would be falsified in return for money.

Even if the witness declines the offer to alter their testimony, you are still guilty of violating PC 137(a). You commit the crime simply by making a promise or offering something of value to the witness.

Examples of Bribery of a Witness Under PC 137(a)

  • Giving money or presents to a witness in return for lying in your favor during a criminal trial.
  • You try to earn a witness's support in a legal proceeding by offering presents like concert tickets or a trip plus expensive items.

Defining Bribery of a Witness Regarding Trial Attendance

According to California Penal Code 138(a), it is a serious crime to offer money or other valuable items to a witness to convince them not to attend a legal proceeding to which they are a witness. The legal system uses this law to stop you from taking actions that obstruct justice when you pay witnesses to skip court sessions.

To secure a conviction under PC 138(a), the prosecution must prove the following beyond a reasonable doubt.

  • You offered, gave, or promised something of value to a witness to convince them not to attend legal proceedings.
  • The witness agreed not to attend the trial because you had agreed on the decision and you promised them something of value.
  • You acted knowingly and intending to convince the witness not to attend court proceedings.

You could face charges under PC 138(a) even though the bribe you offered was not accepted. Making the offer to a witness in the first place about payments counts as a crime per PC 138(a).

Examples of Bribery of a Witness Under PC 138(a)

  • Offering a cash payment to a witness to convince them not to show up at trial.
  • Promising a free vacation if a witness skips their subpoenaed testimony.

Elements of PC 137(a) and PC 138 (a)

To secure a conviction for PC 137 (a) and PC 138 (a), the prosecution must prove certain elements beyond a reasonable doubt. These elements demonstrate how you intended to convince the witness to change their testimony in your favor or not to attend the trial. They include the following:

  • You Offered, Gave, or Promised Something of Value

The prosecution must prove that you gave or promised to give valuable items to a witness to influence their actions during a legal proceeding. Bribery here does not only refer to cash transactions it may also include the exchange of valuable assets such as property or services.

  • The Recipient was a Witness or Expected to be a Witness

For your actions to be considered an offense, you must have offered something of value to someone who is currently serving as a witness, about to testify, or scheduled to give testimony under the law. You may still face charges even if the witness does not testify in your favor. The mere act of offering something of value to influence the witnesses’ actions is a crime.

  • You Acted with Corrupt Intent

The prosecution must prove beyond a reasonable doubt that you knowingly and intentionally offered something of value to influence or block the witness from testifying or attending court proceedings. Simply giving gifts to the witness is not a crime, but when you do it intending to influence the action of the witness in a trial, it becomes an offense.

  • There Was an Understanding or Agreement

The prosecution must present evidence showing that you and the witness reached an agreement about falsifying their testimonies in court or failing to attend a trial. You also agreed to exchange something of value in return for the favor from the witness.

The burden of proof falls on the prosecution and they must prove all these elements to secure a conviction.

Legal Consequences for Bribing a Witness in California

Under California Penal Code 137 (a) and 138(a), bribery of a witness is a felony.

Penalties for Violating PC 137(a)

Upon conviction, you could face up to 2, 3, or 4 years in prison and fines of up to $10,000.

Penalties for Violating PC 138(a)

A conviction for violating Penal Code 138(a) carries a prison sentence of up to 16 months, 2 or 3 years, and fines of up to $10,000.

Your conviction is also recorded in your criminal history and is permanent. In some cases, however, the judge may punish you by serving probation time instead of prison time.

Aggravating Factors

Some aggravating factors could make your punishment even more severe. They include the following:

  • Bribing a Violent Crime Case Witness: If you offer or promise to give something of value to a witness of a violent crime case, such as murder, robbery, or sexual assault, you could face even more severe penalties.
  • Bribing Multiple Witnesses: If you bribe multiple witnesses to falsify their testimonies or fail to attend trial, you could face extended prison sentences.
  • You used Threats or Coercion while Bribing a Witness: If you used threats or violence while bribing a witness you could face even more severe punishment.

Collateral Consequences of a Conviction

Apart from prison time and fines, a conviction for violating PC 137(a) and 138(a) could lead to the following adverse effects.

  • Loss of Gun Rights: California law prohibits people convicted of felonies from legally owning, purchasing, or possessing a firearm.
  • Loss of Professional License: If you are a doctor, teacher, or licensed professional, you could lose your professional license upon conviction.
  • Effect on Future Employment Prospects: Employers avoid hiring if you were convicted of bribing a witness.

Effect on Immigration

If you are a non-citizen convicted for a PC 137(a) and 138(a) violation, you could face severe immigration consequences. Bribery of a witness involves fraud and dishonesty making it a crime of moral turpitude. A conviction could lead to deportation, inadmissibility, or denial of U.S. citizenship.

If you bribed a witness to a violent crime case, you could be charged with an aggravated felony. The consequence of this is deportation and permanent inadmissibility to the U.S.

Legal Defenses to PC 137(a) and 138(a) Accusations

Bribery of a witness charges under Penal Code 137(a) or 138(a) can be effectively challenged through legal defenses that your skilled criminal defense attorney can present to the court. With a compelling defense strategy, your charges could be reduced or acquitted. Some of the legal defenses your defense lawyer could employ include the following:

No Corrupt Intent

Bribery of a witness requires proof of corrupt intent. The prosecution must prove beyond a reasonable doubt that you deliberately tried to alter court proceedings through dishonest witness manipulation. The absence of criminal intent could challenge the prosecution’s case and have your charges dismissed.

As an example, you provide some cash to a colleague to help them pay for their gas expenses as they are attending the trial. Coincidentally, they are meant to be witnesses to a case you are involved in. Afterward, they state that you attempted to pay them for testimony in your or a loved one's favor. Your purpose was to provide transport funding and you did not communicate that you would want them to testify in your favor.

Here, the colleague misunderstood your intentions. You could prove your innocence by providing text messages to prove that there was not any communication about bribery.

Police Entrapment 

Law enforcement agents and undercover officers use illegal methods to force people into crimes they would not have carried out themselves. If the police tricked you into bribing a witness, you could argue in court that you did not commit the crime willingly.

For example, an undercover police continuously suggests that paying off the witness in your case will prevent them from testifying against you. While you did not intend to bribe the witness, you are forced to do so after multiple attempts of manipulation by the police. Your lawyer could provide evidence such as text messages or CCTV footage that shows that you were manipulated.

The Alleged Victim was not a Witness

To be charged with bribery of a witness, the person receiving the bribe must be a witness to a court proceeding. Under California PC 137(a) and 138(a), the classification of a witness only applies to:

  • An individual expected to give crucial material information in a court proceeding
  • An individual who is a witness in a criminal case
  • A person who will receive witness designation in the future

Bribery of a witness charges do not apply if the individual does not belong to any of these specific categories. However, you could still face other bribery-related charges under California law.

For example, you pay a bystander to stay silent regarding an incident that has occurred. Here, the individual does not qualify as a witness according to PC 137(a) and 138 (a). Their lack of official status as a witness means that bribery of witness charges might not be applicable in your case.

Coercion or Duress

You cannot be pronounced guilty of violating PC 137(a) and 138(a) if you were forced or threatened to bribe a witness of a criminal case proceeding. Your lawyer could argue that you were under duress if you were forced to commit bribery through threats of serious violence and physical harm.

As an example, a criminal organization threatens to hurt you or your family members, unless you pay the witness to keep silent about the crimes they have witnessed the group engaging in. You could argue that there was fear that imminent harm could come upon you or your loved ones that compelled you to commit bribery of a witness. This could result in your case being dismissed.

Insufficient Evidence

The prosecution must prove beyond a reasonable doubt that a bribe was offered, given, or promised to a witness. If there is no concrete proof, such as recorded conversations, text messages, surveillance evidence, and financial documentation to prove that you bribed a witness to a legal proceeding, then your case could be dismissed as it lacks sufficient evidence.

For example, If a witness claims that you tried to bribe them into remaining silent but they have no financial evidence, no written agreement, and no credible proof, they only have the statement that you tried to bribe them, the judge could dismiss your case due to insufficient evidence.

Mistaken Identity

You could argue that you are a victim of mistaken identity. Proof in bribery cases depends primarily on witness accounts, CCTV footage, or financial documentation. If you can prove that you were not present when the bribe was being given or that you have never interacted with the alleged witness, your case could be dismissed. Your lawyer could produce evidence such as an alibi, CCTV footage, and text messages.

As an example, a witness to a criminal case proceeding claims that you offered them money in exchange for false testimony, but you were not involved in the situation. If surveillance footage or phone records show that you were in a different location, you may have a valid mistaken identity defense.

Expungement of a Bribery of a Witness Conviction

Expunging a conviction for bribery of a witness under Penal Code 1203.4 is possible if you were sentenced to serve probation instead of prison time. Expunging a criminal record gives you a new lease on life. Your conviction is removed from your criminal records meaning that you obtain better employment and housing opportunities. Your lawyer will guide you through the eligibility criteria.

Related Offenses

Some of the offenses that can be charged instead of or with bribery of a witness include the following:

Penal Code 86 and 86- Bribery by or of Legislators

According to Penal Code 85 it becomes a punishable offense to give money or valuable items to a legislator when the purpose is to sway their official decisions or voting behavior.

PC 86 defines it as illegal for legislators to receive money or other valuable items as payment for making particular voting or decision choices. A conviction could lead to 2,3, or 4 years in prison and fines of up to $10,000. The public official also permanently loses their ability to serve in public office.

Penal Code 92 and 93- Bribery by or of Jurors and Judges

Under PC 92 it is illegal to provide financial incentives to judges or jurors who would then use them to deliver favorable outcomes. According to PC 93 accepting a bribe constitutes an illegal act for both judges and jurors. If convicted you could face 2,3, or 4 years in prison.

Find a San Jose Criminal Defense Attorney Near Me

Bribery of a witness is a serious crime under California law. A conviction could lead to severe penalties including prison time, fines, and a permanent criminal record. However, not all charges lead to a conviction. An experienced San Jose criminal defense attorney can examine the evidence to find weaknesses in the prosecution’s case, challenge unreliable witness statements, and build solid defenses to have your charges dismissed or reduced. If you or a loved one is facing bribery of witness charges, contact the California Criminal Lawyer Group. Call us today at 408-622-0204 so that we can review your case and build solid defenses.