Intimidation of a wtiness f-3 in a Civil Case?

[privatepartycr]

What is the name of your state (only U.S. law)? ohio

I am looking for some information and any opinions you folks may have. Here is the scenario.

Over 18 moths ago I participated in a land transaction where myself and three partners sold a pices of property. The proceeds from the sale included a profit. All partners except one agreed on the split (equal) of the proceeds. We had to sue the other thru a declaratory judgement action to force the other partner to take his money.

Here is the part that applies to this section of the forum. AFTER the Declaratory Judgement was won by us and the case was over, the son of the partner we sued and two of us engaged in a heated argument and miscellaneous rather high school threats were exchanged by both parties. The son who was never a witness in the case (Please note there were NEVER ANY whiteness called by either side and neither side ever appeared in court) went to the police department and claimed we intimidate a witness.

Please keep in mind this case had been over for a month.

My partner and I were arrested for F-3 Intimidating a witness. I am looking for any case law that might support my position that he was not a witness in any pending proceeding, nor would he be expected to be one as he never had any pertinent information regarding the above mentioned civil case with his parents.

At no time during this argument was there any physical contact between any party and there is video tape to substantiate this. The indictment was a secret indictment by a grand jury. Can anyone offer any thoughts or opinions or possible some case law that might support this position? If he was never a witness and the case was over could he be considered a witness? Thanks!!

 

[outonbail]

This isn't exactly my cup of tea, but I've got a question.
Has the other party (the boy's father) filed an appeal?

As far as case law, since you are facing a criminal charge, the burden of proof will be on the state. The prosecutor will have to prove that you intentionally intimidated someone who is going to be used as a witness against you in a future hearing.

Unless this witness is being brought before the court as a justifiable, legally sound reason for an appeal to be granted, under the contention that he didn't testify during the original trial or didn't come forward as an available witness, due to his life being threatened or some other outside influence introduced by you.

If I'm not correct in my opinion here one of the other members will correct me I'm sure.

 

[privatepartycr]

The date of this incident was July 10th, 2008. The case was fully disposed of on May 20th, 2008. 2 weeks after this event occurred on July 21st the father did file a notice of appeal of the delcaratory judgement but is has not been granted as of yet nor has he filed his appeal brief.

my contention remains that the case was over and no appeal was filed at the time of the incident and that he was not a witness in the first case. Your thoughts? Thanks for your comments.

 

[outonbail]

What is the actual code you are charged with?

I did find the following in Ohio law.

2921.03 Intimidation.
(A) No person, knowingly and by force, by unlawful threat of harm to any person or property, or by filing, recording, or otherwise using a materially false or fraudulent writing with malicious purpose, in bad faith, or in a wanton or reckless manner, shall attempt to influence, intimidate, or hinder a public servant , party official, or witness in the discharge of the person’s duty.

(B) Whoever violates this section is guilty of intimidation, a felony of the third degree.

(C) A person who violates this section is liable in a civil action to any person harmed by the violation for injury, death, or loss to person or property incurred as a result of the commission of the offense and for reasonable attorney’s fees, court costs, and other expenses incurred as a result of prosecuting the civil action commenced under this division. A civil action under this division is not the exclusive remedy of a person who incurs injury, death, or loss to person or property as a result of a violation of this section.

If this is the section you're charged with violating, then you may have been charged because of something the other party is claiming you did, which has nothing to do with the words you exchanged with his son. The wording, "filing, recording, or otherwise using a materially false or fraudulent writing" may apply to your situation.

If the other party has filed an appeal, could he be claiming that you filed or recorded something fraudulently?
I have to question whether this is the situation, since you claim your case was won without testimony or witness statements. So the court must have decided the matter, solely by reviewing the applicable documentation that were made available.

So, in order to be granted an appeal, I imagine it would be the documentation which the losing party would have to contest and prove fraudulent in some way that prejudiced his case.

Again, not knowing the facts or what the other party is claiming as the basis for an appeal and new trial, I'm only tossing out a possibility.

However, I do recommend hiring a good attorney as soon as possible. Being charged with a felony is serious business and if you did make any "adjustments" to any of the documents relating to this case, you stand a good chance of losing your money and your freedom.

 

[privatepartycr]

The charge you have listed in the one I was charged with. However it had nothing to do with the civil case which was already disposed of. The reason there was no testimony or witneses is that it was a delclaritory judgement action WE filed to force the ex partnet to take his share of the funds.

This charge was based on an argument that we had with his son AFTER the case was over.

What my main question is I guess is how could one be considered a witness when a case is OVER and no appeal had been filed. His son never tesitified in any part of the civil action nor could he be expected to do so?

I am looking for case law where someone has been charged with this and the court has found that a person in this scenario is not really or never was a witness.

Thanks Again

 

[privatepartycr]

I should add the only documents that were filed were 1099's from each of the three partners accountants to the fourth partner for the amount of their share of the profits from the sale. No other documents ot statements were filed or made regarding this case as again there was never a witness on either side.

I have seached and searched and cannot find anything that would be case law close to this so any input you all can provide would be great. Thanks!

 

[privatepartycr]

bumped hoping for some feedback Thanks!

 

[privatepartycr]

Still hoping for some feedback Thanks!

 

[Ohiogal]

You are incorrect in that NOTHING else was filed. You would have had to file a complaint.

 

[privatepartycr]

yes we did file a civil complaint (DECLARITORY Judgement action) to ask the court to rule in our favor that the disagreeable partner take the funds and we did win this action. Can you please elaborate on your commetns? Thanks!

 

[privatepartycr]

Ohio Gal could you please explain your comments? Thanks for your input.

 

[Ohiogal]

Ohio Gal could you please explain your comments? Thanks for your input.

Without seeing EVERYTHING associated with your case, the issue could be that there is an open case and the defendant MAY want to call his son as a witness and your actions were intimidating. COULD BE. Again, I haven't seen all the details. It could also be dismissed. Talk to a criminal attorney where you are.