“Don’t Come to Court”: Witness Tampering Charges (C.G.S. §§ 53a-151 & 53a-151a)

A single text can turn into a felony. I see it all the time: someone panics after an arrest and messages the complaining witness, a friend, or a bystander—“Please don’t show up,” “Tell them it was nothing,” or “Just say you don’t remember.” Police and prosecutors call that witness tampering or intimidating a witness, and Connecticut treats it as a serious felony offense.

What the law actually bans (in plain English)

Tampering with a Witness (C.G.S. § 53a-151).
Trying to get a witness to lie, skip court, ignore a subpoena, or withhold testimony—even if your case hasn’t been filed yet but you believe it will be. It’s a Class C felony.

Intimidating a Witness (C.G.S. § 53a-151a).
Same idea, but involving the use, attempt, or threat of physical force to influence testimony or prevent someone from attending court. It’s a Class B felony.

Key point: Police don’t need proof that a court date already existed—only that you believed an official proceeding would probably happen. That’s why these cases often start from texts, DMs, or voicemails right after an arrest.

Common ways people get charged (and didn’t realize it was a crime)

Asking a victim to change their story or “tone it down.”
Telling a friend who witnessed the incident to ignore a subpoena.
Messaging the complaining witness to skip court or drop charges.
Threatening to expose private info or make trouble if they cooperate.
In domestic violence cases, contacting the protected party at all—while a protective order or no-contact term is in place—can stack order-violation charges on top (protective orders § 53a-223; standing criminal protective orders § 53a-223a; civil restraining/civil protection orders §§ 53a-223b/223c).

Penalties (why prosecutors push these hard)

Tampering (Class C felony): up to 10 years in prison, up to $10,000 in fines, probation, and a permanent felony record.
Intimidation (Class B felony): up to 20 years in prison and up to $15,000 in fines. Courts view this as an attack on the justice system itself.

Real-world example

A Stamford client was arrested after an argument. While in panic mode, he texted the complaining witness: “Please don’t go to court—tell them it was all a misunderstanding.” No threats, no force. When the victim arrived at the police station, she showed the message to the police, who added § 53a-151 Tampering to the underlying case. The problem wasn’t the tone; it was the intent to affect testimony/attendance.

What the State needs to prove (and where we push back)

You believed an official proceeding was pending or likely;
You induced or tried to induce false testimony, no testimony, or absence.
For § 53a-151a, you used/attempted/threatened physical force.

Defense angles that win cases:

No “official proceeding” belief. Early-stage, ambiguous disputes—especially pre-arrest—can undercut the required belief element.
No inducement. Venting, apologizing, or asking for space isn’t the same as telling someone to lie or skip court.
Context + ambiguity. Snippets of chats can be misleading; full threads, call logs, and tone often help.
No force/threat (for § 53a-151a). If the State overcharges intimidation without real force/attempt/threat, we fight to reduce to § 53a-151 or dismiss.
First Amendment guardrails. Not every unpleasant or emotional message equals a criminal solicitation to obstruct justice.

What to do immediately if you have already sent messages

Stop all contact. Don’t DM, text, or route messages through friends. If a protective order or no-contact term exists, zero contact—or you risk additional felonies (protective/standing/civil order violations).
Preserve evidence. Save full message threads, call logs, and voicemail in original format; do not “clean up” anything.
Channel communications through counsel. If legitimate logistics are needed (property pickup, child exchange), your lawyer can coordinate safely.
Get in front of it. Early intervention with prosecutors can mean the difference between a stacked felony and a repairable situation.

DV overlay: FVEP, AR, and realistic outcomes

When tampering grows out of a domestic violence case, prosecutors often take a hard line. Program options like FVEP (for the underlying DV case) may become harder to secure if the State thinks you’re influencing a witness. On the tampering count itself (a felony), we often focus on charge reduction (e.g., from § 53a-151a → § 53a-151 or to a misdemeanor like Interfering/Harassment where appropriate), strict no-contact compliance, and rehabilitative steps that build credibility with the court. (Program eligibility depends on charge class and history; we evaluate this on a case-by-case basis.)

In non-domestic violence cases, the appropriate diversionary program for first-time offenders is the AR or accelerated rehabilitation program. It would require a strong mitigation package and a compelling defense argument to be granted entry into the AR program for a tampering charge.

How we attack a witness-tampering case

Full context download: the entire chat history, not cherry-picked screenshots.
Intent analysis: what you actually asked for vs. how the State is framing it.
Order-compliance plan: immediate no-contact, clear third-party protocols, and if needed, motions to clarify/modify contact for logistics.
Mitigation package: counseling, communications boundaries, and verified steps to prevent re-offense.
Negotiation & litigation: leverage evidentiary weaknesses to push reductions, then resolve the underlying case without collateral felony damage.

Quick FAQ

Is a simple “please don’t go to court” text enough for tampering?
It can be, if the State reads it as an attempt to prevent testimony or attendance. We fight that inference with context and intent evidence.

What if I never threatened anyone?
No threat = not § 53a-151a intimidation, but you could still face § 53a-151 tampering if the message tries to shape testimony or attendance.

Can this be dismissed or reduced?
Yes—especially where messages are ambiguous, pre-arrest, or non-coercive. Many cases resolve with reductions and strict compliance.

How does this interact with protective orders or release conditions?
Contact that violates an order or no-contact term can add separate felony counts (protective/standing/civil order violations) on top of tampering.

Bottom line

If you’ve texted, called, or DMed a witness—even once—stop and get counsel now. I’ll put a wall around communications, preserve the full picture, and push to keep a one-time mistake from becoming a career-ending felony. Attorney Allan F. Friedman has been defending these kinds of allegations for over 30 years. Read our criminal defense page for more information on the bail, bond, arraignment, and defense process.

Call me 24/7 at (203) 357-5555 or use the Contact page. We’ll map a plan to resolve your problem today.