QUESTION
Can a dismissal be reversed due to witness tampering?
Asked on Oct 20th, 2015 on Criminal Law - New Mexico
More details to this question:
If I was the victim in a domestic violence, and the offender threatens to kill me, hides me at his mothers home and tells me not to speak with law enforcement, and threatens to harm my disabled son, and out of fear and terror I convince the ADA I cannot testify and they dismissed the case with prejudice can it be reversed due to witness tampering?
1 ANSWER
From a practical standpoint, the facts you present should have been made known to the District Attorney during the investigation stage. If you did not disclose these facts, and the case has been dismissed with prejudice, it is unlikely that that the DA would or could re-open the prosecution.
Answered on Oct 30th, 2015 at 7:07 AM