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The BEST LAWYER ANYONE COULD ASK FOR!!! Todd changed our lives! He’s not JUST a lawyer representing us for a case. Todd and his office have become Family. When we entered his office in August of 2022, we entered with such anxiety, uncertainty, and so much stress. Honestly we were very lost. My husband and I felt alone. How could a lawyer who didn’t know us, know our family, know our background represents us, When this could change our lives for the next 5-7years that my husband was facing in Federal jail. By the time our free consultation was over with Todd, we left his office at ease. All our questions were answered and we had a sense of relief.

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NY Penal Law 215 Tampering with Witnesses and Jurors

In this post we’re going to pick apart the legalese of New York’s penal law in regards to tampering with witnesses and jurors in order to make the meaning of the law a little clearer for you. So first, let’s start with the charge of bribing a witness.

Bribing a witness.

You’re guilty of this charge when you confer some sort of benefit on a witness or someone who’s going to be called as a witness in an action or proceeding on an agreement or understanding that the witness’s testimony is going to be influenced, or the witness will avoid testifying. This is considered a class D felony.

Bribe receiving by a witness.

This is where a witness/someone who’s going to be called as a witness solicits or agrees to accept a benefit from someone else on agreement that their testimony will be influenced, or they’ll absent themselves from testifying. This charge is a class D felony.

Tampering with a witness in the fourth degree.

You’re guilty of this charge when you wrongfully induce or try to induce a witness from testifying, or knowingly make a false statement or practice fraud or deceit to affect the person’s testimony. This crime is punished as a class A misdemeanor.

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.

Tampering with a witness in the third degree.

This charge is similar to the preceding, but with the addition that the person charged instills a fear in the witness that they or someone else will be harmed either if they don’t absent themselves from testimony or if they don’t falsely swear. This is a class E felony.

Tampering with a witness in the second degree.

As far as tampering with a witness in the second degree goes, this involves intentionally causing injury to someone in order to obstruct, delay, or prevent them from giving testimony, or if they assaulted someone for already having testified. This crime is a class D felony.

Tampering with a witness in the first degree.

For the final charge of tampering with a witness, this is when someone intentionally causes injury to someone to obstruct or impede them from giving testimony, or if they intentionally cause injury to someone after having testified. This is a class B felony.

Employer unlawfully penalizing witness or victim.

Anyone who’s the victim of an offense that an accusatory instrument is based on, or is subpoenaed to show up for a criminal proceeding as a witness, or who exercises their rights as a victim, and who notifies their employer of their intent to appear as a witness, to consult with the DA, or exercise their rights, van’t be subject to a penalty from their employer. On request of the employer, whoever sought out this person’s attendance has to provide verification of the employee’s service. An employer can withhold wages, though. Giving the witness some sort of penalty for not attending work is a class B misdemeanor. Also, just so you know, the term victim includes the aggrieved person as well as their next of kin if the aggrieved person is deceased.

Intimidating a victim or witness in the third degree.

To be guilty of this crime, you’ll have to wrongfully compel someone else to not communicate some sort of damning information in court by instilling a fear in them, or intentionally damage this person’s property to compel them to stop from relating the same information. This is a class E felony.

Intimidating a victim or witness in the second degree.

For the second degree of this crime, you’ll have to have intentionally caused injury to someone else to obstruct information or to get that person to swear falsely. This crime is a class D felony.

Intimidating a victim or witness in the first degree.

The final degree of this charge is applicable when you intentionally cause injury to someone else to compel the person to swear falsely. This charge is a class B felony.

Bribing a juror.

This charge happens when you confer a benefit on a juror on agreement that the juror’s vote will be influenced. This charge is a class D felony.

Bribe receiving by a juror.

Bribe receiving by a juror is when you solicit or accept a benefit from someone else on agreement or understanding that their vote or other action as a juror will be influenced. This crime is a class D felony.

Providing a juror with a gratuity.

This charge occurs when you confer or offer to confer to a jury member a benefit with the intent to reward them for their service. This crime is a class A misdemeanor.

Tampering with a juror in the second degree.

You’re guilty of this charge when you confer some kind of payment on a juror so that the juror or someone else supplies information, or, acting on behalf of a juror, you accept payment or benefit in consideration for supplying information. This crime is considered a class B misdemeanor.

Tampering with a juror in the first degree.

Now for tampering with a juror in the first degree, this is when you communicate with a juror except as authorized by law, and this is a class A misdemeanor.

Misconduct by a juror in the second degree.

Misconduct by a juror in the second degree is when you accept or agree to accept a payment or benefit for yourself or someone else in consideration for supplying information. This is considered a violation.

Misconduct by a juror in the first degree.

This charge is when a juror agrees to give a vote, opinion, or decision for or against a party to this action or proceeding. This is a class A misdemeanor.

Tampering with physical evidence; definitions of terms.

Now we move on to tampering with physical evidence. Before we get into the charges, though, let’s supply some definitions:

  • Physical evidence is any article, object, document, or anything else of physical substance that’s going to be used as evidence.
  • Official proceeding is any action or proceeding that’s conducted before a government agency.

Tampering with physical evidence.

Good. We’ve covered the definitions. Now let’s get into the charges. You’re guilty of tampering with physical evidence when you knowingly make or prepare false evidence, or produce or offer evidence at a proceeding knowing it’s false. This crime is a class E felony.

Compounding a crime.

You’re guilty of compounding a crime when you solicit, accept, or agree to accept a benefit on agreement that you won’t initiate prosecution for a crime, or you confer, offer, or agree to confer a benefit on someone else on agreement that the other person will not initiate prosecution for a crime. This crime is a class A misdemeanor.

Unlawful grand jury disclosure.

For unlawful grand jury disclosure, you’re guilty of this when you intentionally disclose to someone else the nature of a grand jury testimony. This is a class E felony.

Unlawful disclosure of an indictment.

You’re guilty of this when you intentionally disclose the fact that an indictment’s been found or filed before the accused is in custody. This is a class B misdemeanor.
So there you have it–a simple explanation for what goes into the charges of tampering with witnesses and jurors.

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