A client was charged with first degree Witness Tampering for allegedly posting his criminal case’s discovery to his personal Facebook. He had a bail of $150,000 cash only. However, first degree Witness Tampering requires force or threat of force. Without force or threat of force, it is a third degree charge. The client’s posts had no threats of force. A lengthy bail motion brought this to the judge’s attention, who agreed the charge should not be first degree. Bail was significantly lowered to $7,500 with a 10% cash option.
It still remains to be determined if simply posting your case’s discovery to your personal Facebook is even third degree Witness Tampering, or even a crime at all. The discovery allegedly shared was the same discovery the prosecutor will share publicly at trial in open court. This is little more than overzealous prosecution. You can ready more from the Jersey Journal here.