Typically, witnesses fear testifying in court due to fears of potential retribution by the suspect. Prosecutors have seen criminal charges crumble when witnesses fail to show up in court or recant their statements after receiving a bribe from the defendants. PC 137 makes it illegal to bribe a witness, interfering with their testimony or cooperation. Just the corrupt intent is enough for the prosecution to file a violation of PC 137 against you. The crime is a felony with severe penalties like fines and a lengthy sentence. Suppose you have been charged with PC 137. In that case, hiring a skilled defense attorney who can guide you through the California judicial system, highlight the available legal options, review evidence to defend you best, and aggressively represent you in court is advisable.
An Overview of PC 137
According to PC 137, offering or giving a bribe to a witness to influence their statement or testimony to law enforcers is illegal.
A perfect example of a bribery case involves a person offering money to a witness not to attend the trial in their criminal case. The goods exchanged to complete this crime could include any of the below (not limited to):
- Property
- Gifts like jewelry
- Money
- New motor vehicle
- Specific promise
Anything valuable you offer a witness could constitute a bribe if your intent influences their conduct. Although a formal written agreement is unnecessary to prove the crime, the prosecutor should verify the intent to administer or receive a bribe.
Facts of the crime
Before your conviction, the prosecuting agency must establish the following elements of the crime:
- You offered or bribed a witness (a witness is a person about to provide material information about an offense to law enforcers
- You acted with the corrupt intention of convincing the witness to agree that the bribe would illegally influence their information or testimony.
Individuals act with corrupt intent when they act unlawfully to obtain financial or another advantage for themselves or another person.
The prosecution should prove the above facts of the crime beyond any reasonable doubt. It means they should meet the burden of proof by offering proof that your criminal charges are accurate. The evidence could be either indirect (circumstantial evidence) or direct.
Criminal Penalties and Repercussions
If found guilty of bribery of a witness criminal charges, you could face the following potential penalties:
- A maximum of 4 years in California state prison
- Hefty fines that vary depending on the case facts but are not above $10,000.
- Formal felony probation — Sometimes, the judge could impose formal probation instead of incarceration. During the probation, you must abide by specific terms and conditions, and a probationary officer may supervise you.
Can You Own a Firearm After Your PC 137 Conviction?
Since violation of PC 137 is a felony, you cannot own or purchase a firearm. You will face an additional felony criminal charge if you own or have possession or control of a firearm after your PC 137 conviction. Additionally, the court will impose a life ban on possessing a gun.
A firearm is any substance with which a person can propose a bullet, shell, or shot by exploding gunpowder in it. Common firearms include rifles, assault weapons, and handguns.
Whether you can restore your right to own a firearm depends on the circumstances surrounding your criminal case. In California, you can restore the right using any of the following methods:
- Filing for an expungement
- Reducing your felony charges to a California misdemeanor
- Requesting the court for a restoration order
- Acquiring a pardon
Legal Defenses
Potential legal defenses that your lawyer can use in your defense include the following:
Police Entrapment
Your attorneys could present proof proving that committing the bribery offense was a result of police entrapment. Therefore, you could argue that you would not have engaged in the offense without the police inducement.
Lack of Intent
An element that the prosecution team must prove is that you acted with corrupt intent.
Proving the critical element of intent is difficult for the prosecution team. If your lawyers cast some reasonable doubt, you could avoid a conviction.
Coercion or Duress
Coercion can be a viable defense, mainly if you demonstrate that another person coerced you using threats or force to offer a bribe.
No Evidence
The defense could contest the prosecution team’s evidence by any of the following:
- Questioning the witness’s credibility
- Disputing the authenticity or admissibility of evidence
- Demonstrating inconsistencies or gaps in the prosecution’s case
Mistaken Identity
You could utilize this defense if you can present evidence to show that you were wrongly identified as the individual engaging in the bribery. One way to establish this is by proving you were at a different location during the crime commission.
Related Offenses
Discussed below are crimes related to bribery of a witness criminal charges.
Bribery of or By Legislators (PC 68 and 67)
PC 68 makes it illegal for a public employee, ministerial officer, or executive officer to take or ask for a bribe. On the other hand, PC 67 makes it unlawful to bribe an executive officer. An executive officer can include officials like police officers and district attorneys.
Both crimes are felonies that attract four years in state prison.
Bribery of or by Legislators (Penal Code 86 and 85)
According to PC 85, bribing a legislator or using corrupt ways like deceit or menace to influence their voting decisions is illegal. On the contrary, PC 86 makes it illegal for a legislator to receive or ask for a bribe. A legislator can include a state legislator and a county or city legislative body member.
Both crimes are felonies and are punishable by up to four years in state prison. Sometimes, the judge can impose formal or felony probation instead of serving time.
Can You Expunge Your PC 137 Felony Conviction?
You can expunge your felony conviction, provided you served probation instead of a prison sentence. According to California law, a defendant cannot expunge a conviction, which leads to a state prison term.
Expungement relieves you of almost all limitations that come with a conviction. Some of the benefits of expungement include the following:
- It can help you secure employment with ease
- You qualify for relevant professional state licenses
- The criminal history cannot be used to impeach you in subsequent court proceedings
- It is satisfying to have a fresh start
The post-conviction relief process takes approximately six (6) months. The process involves the following:
Filling Out the Relevant Forms
The initial step is obtaining the appropriate form if the conviction qualifies for this post-conviction relief.
After completing probation, you fill out Form CR-180 or Petition to Dismiss. If you are yet to complete probation, you can obtain an early termination by filing your motion to terminate probation. Since PC 137 is a felony, you should reduce it to a California misdemeanor. It entails filing a PC 17b motion.
You can find all these forms at your local court.
Consulting a skilled criminal defense attorney increases your chances of completing your forms correctly.
Filing Your Forms with the Court
Next, you should bring the forms to the Superior Court that previously handled your case. You will require a fee to file your petition for dismissal. You can expect higher fees since the case is a California felony. The court can waive the fee if you cannot afford it, though you will require another form.
The court will then schedule your expungement court hearing date. Typically, it is in four to five months.
Expungement Court Hearing
You can choose to appear in court in person or not. The hearing will take approximately ten minutes. Before deciding whether to grant or deny you the post-conviction relief, the court will consider the following factors:
- Your conviction’s nature
- Your employment status
- Whether you have committed community service or engaged in community involvement
- Whether granting the relief is in the interests of justice
- Whether you broke your probation’s terms
- Your criminal record
Once the judge grants your request, they will open the criminal case, set aside the guilty plea or verdict, and dismiss your case.
If they deny your petition, you can request an explanation. The law allows you to refile the petition after six months. Please remember to consider why the court denied your previous petition when refiling the petition.
Alternatively, you can pursue the following:
- Sealing your criminal records if you violated PC 137 as a minor
- You can pursue a governor’s pardon
- You can acquire a certificate of rehabilitation
What to Expect During Your Booking Process
The booking procedure occurs following the arrest but before the bail hearing or arraignment. During the procedure, the law enforcement officers document a wide variety of personal information, including:
- Your contact details
- Your name
- The alleged offense
You are also required to reveal whether you have gang affiliations. The officers may ask you this to determine whether to place you in custody or wait for your arraignment.
Police officers will record your mugshots and fingerprints. To safeguard other inmates, you will undergo a health screening that includes the following:
- Taking a blood test
- Providing DNA samples
- An x-ray to screen for tuberculosis
Law enforcement agents could also conduct a body search to ensure they confiscate all your personal properties. During the search, you must take off your clothing. The police will return your personal effects after you secure your release from jail if the law does not consider the property illegal contraband or evidence.
Finally, the police will check for active warrants against you.
The Booking Establishes Your Arrest Record
Your arrest will appear on background searches if you fail to seek an expungement.
The arrest record could impede your ability to do the following:
- Obtain a loan
- Lease an apartment
- Secure employment
What Happens After Booking?
Following your booking is a pre-trial release. The release mandates that you attend all your court hearings. It requires posting bail. How the release process works out in your criminal case largely depends on:
- Your local and state jurisdiction’s policies
- The severity and nature of your alleged offense
Jails have bail schedules. The schedules set a standard bail amount for specific common offenses. Law enforcers will release you after you post the required amount with the court. If you attend all court dates and comply with your release conditions, the court will refund your bail money.
However, the court can release you on your own recognizance, mainly if this is your first crime and you are less likely to flee the jurisdiction. Under your recognizance, you sign a written guarantee to present yourself when required instead of posting bail.
If the O.R. release is inaccessible, you will remain in custody until your bail hearing. During your arraignment (initial court hearing after your arrest), the judge will schedule the bail hearing, where they will determine whether to grant bail and the amount. The bail outcome depends on the following:
- The nature of the crime
- Your financial means
- Your previous criminal history
- Does the court consider you a danger to members of the public or witnesses?
- Does the judge consider you a flight risk?
- Your community ties
You can post your bail and secure your release when the bail amount is set. If you cannot raise the money required for the bail, you can engage a bondsman to post your bail at a 10 percent non-refundable premium.
Things You Should Refrain From During the Booking Procedure
Some of the don'ts during the booking process include the following:
- Trying to escape
- Interrupting the booking process by making or receiving a call
- Revealing anything related to your arrest
- Attempting to defend yourself against the charge
- Fighting law enforcement agents
- Being discourteous or rude
- Trying to escape
The booking procedure is a mandatory formality. You cannot plead your innocence during the process because no individual has permission to free you. However, the police will use any information you disclose against you in court.
Plea Bargain In Your Criminal Case
A plea deal or plea bargain is a legal agreement between an accused and the prosecution team to resolve a legal matter. The defendant agrees to make a guilty plea instead of the case proceeding to a court trial. The prosecution team often agrees to lower the charges or penalties of your conviction. You can make your plea bargain at any juncture before the case verdict.
A judge has to approve your plea deal before it becomes effective. The judge will first ensure the following:
- You fully understand the nature of your plea bargain deal.
- You consent to the agreement voluntarily.
Accepting a plea deal surrenders your legal entitlement to a court trial. However, you accept the charges outlined in your plea agreement, resulting in a conviction. Your case then proceeds to your sentencing hearing.
Sometimes, agreeing to a plea bargain can work in your favor. If the prosecution has a robust case against you and the deal has favorable terms, the best decision would be to agree to the plea bargain.
On the other hand, a plea deal might not be in your best interests, mainly If you have a formidable defense to your charge. If the prosecution team offers you a lesser sentence in these circumstances, it could be that they are trying to avoid prosecuting a weak case in which the prosecution team does not believe they can prevail.
The question of whether to accept a plea deal or not is a crucial decision to make. With the help of your attorney, you can effectively analyze whether the plea bargain suits your interests and legal objectives.
Common Types of Plea Deals
Different forms of plea deals include the following:
- Charge bargaining — You accept to plead guilty to a lesser charge or reduced offense.
- Count bargaining — If you are facing several offenses and accept to plead guilty to one count in exchange for dropping the rest.
- Sentence bargaining — You enter a guilty plea for the same charge, and the court will impose a lighter sentence in return.
- Fact bargaining — You plead guilty in exchange for keeping some damaging facts from the court records.
Contact a Proficient Defense Lawyer Near Me
Violation of PC 137 involves giving or offering a witness a bribe to prevent them from testifying against you in court. The crime carries severe, life-altering penalties. After your arrest, things might seem to move fast, and before you know it, you might find yourself before a judge, requiring you to make crucial decisions that will change your future. You do not have to undergo the complicated California judicial process alone.
The legal team at Darwish Law can listen to your criminal case and ask you questions to understand your side of the story. We can then acquire all the relevant documentation and materials for your investigation, review the materials, and discuss your rights and the available legal options with you. We can work closely with you to find the best defense strategy to challenge the evidence against you and defend your freedom and rights. Please call our Santa Ana office at 714-887-4810 to schedule your initial consultation and learn how we can help you.