What You Need to Know About Maryland’s Witness Tampering Law

Tampering with a witness is a serious offense in Maryland - one that can lead to felony charges, lengthy prison time, and irreparable damage to your credibility in court. Many people charged with this crime don’t realize that even non-violent actions like a phone call or text message can lead to prosecution. If you’re facing such allegations, understanding Maryland’s witness tampering law is the first step in defending yourself.

What Is Witness Tampering in Maryland?

Maryland Criminal Law section 9-305 makes it a felony to:

Harm or threaten to harm a witness,
Attempt to influence a witness’s testimony,
Try to induce a witness to avoid testifying, or
Attempt to prevent communication with law enforcement.

This statute applies before, during, or after a legal proceeding. Even an attempt to influence or intimidate a potential witness who hasn’t yet testified can lead to charges.

Common Examples of Witness Tampering

Telling a victim in a domestic violence case not to show up in court
Offering money or favors in exchange for dropped charges or changed testimony
Sending messages asking someone to “forget” what they saw
Threatening harm to a witness or their family
Entering into a marriage solely to invoke the spousal testimonial privilege, as was the case in State v. Wilson, where the defendant married a key witness shortly before trial with the intent to obstruct her testimony. The Maryland Court of Appeals ruled this could constitute a “corrupt means” under section 9-305.

Penalties for Witness Tampering

Witness tampering is a felony in Maryland. The penalties vary depending on the facts of the case:

General tampering (e.g., persuasion, inducement):
- Up to 5 years imprisonment and/or
- A fine up to $5,000
Threatening or causing harm to a witness:
- Up to 20 years imprisonment and/or
- A fine up to $5,000

And if the tampering relates to a criminal gang prosecution, additional enhancements may apply.

How Prosecutors Prove Witness Tampering

To secure a conviction under section 9-305, the State must prove:

That you knew the person was a witness or potential witness;
That you acted intentionally to influence, threaten, or deter their testimony or cooperation;
That your actions were not protected speech or legal advocacy.

Evidence can include:

Phone records
Text messages or emails
Testimony from the alleged witness

In Lee v. State, the defendant confronted and threatened a witness with a handgun, which the court ruled sufficient to establish obstruction based on the natural and inevitable consequence of the act.

Possible Defenses

Lack of Intent: If you didn’t intend to influence or threaten the witness
Ambiguous Communication: Vague or emotional messages not amounting to intimidation
Constitutional Issues: Overreach into protected speech
Misidentification: Another person may have contacted the witness

Every case is fact-specific. Seemingly innocent communications can be misinterpreted as tampering. Early intervention by a criminal defense lawyer is critical.

Why You Should Take These Charges Seriously

Witness tampering charges are often filed alongside other serious allegations like assault, domestic violence, or gun charges. Even if the original charge is dismissed, a tampering conviction can stand on its own and carry severe consequences.

Don’t try to handle the situation on your own or assume that informal contact with a witness is harmless. What you say or do can be used against you.

FAQs

Q: Is witness tampering a felony in Maryland?

A: Yes. Under Maryland Criminal Law section 9-305, it can result in up to 5 or even 20 years in prison depending on the severity.

Q: Can I be charged for just texting someone not to testify?

A: Yes. Even non-violent attempts to influence a witness can result in charges.

Q: What if I didn’t know the person was considered a witness?

A: The prosecution must prove that you knew or should have known the individual was a witness or potential witness.

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