Facing an arrest and criminal charges in California is a nerve-wracking experience. Law enforcement officers may interview witnesses and use their evidence to secure a conviction against the defendants. If you are a witness to a crime, your testimony may be the most critical piece of evidence needed for the case.

Most people will go to all lengths to ensure a favorable outcome in their case. Unfortunately, some of these measures could result in criminal charges for the defendant and the witness. For this reason, a defendant can approach you and offer you something valuable to testify in their favor. Accepting a bribe as a witness in a criminal case is a serious felony charged under California PC 138.

If the prosecution can prove that you accepted the bribe from a defendant or their attorney, you can be arrested and charged under this statute. The consequences of a conviction for taking a bribe as a witness are serious and life-changing. Therefore, seeking expert legal guidance for your case is critical.

Understanding California Penal Code 138

Under California law, you can be arrested and charged with PC 138 for taking a bribe as a witness in a criminal case. A bribe is anything valuable offered to someone to obtain a favor. Most people who offer to bribe a witness do so in exchange for the witness changing their testimony or failing to appear for the court case.

Interference with witness testimony could impact the prosecution’s case to secure a conviction against the defendants. In this case, criminal charges are brought against the person who offers the bribe and the one who agrees to receive it. Before you face a conviction for taking a bribe as a witness, the prosecution must prove the following elements beyond a reasonable doubt:

You were a Witness in a Criminal or Civil Case

The first element that the prosecution needs to establish your guilt under PC 138 is that you were a witness to a criminal case. A witness under this statute is anybody whose testimony is critical in a criminal or civil case. Prosecutors and defense attorneys rely heavily on witness testimony to secure a conviction in a criminal case or prove liability in a civil case.

Therefore, the prosecution must prove to the court that you were called to present evidence as a witness in a particular case.

You offered to Receive or Receive a Bribe

Under California law, a bribe is anything valuable offered to a person in exchange for a favor or a decision to benefit the person who gives the token. When you are charged with violating Penal Code 138, the prosecuting attorney must prove that you accepted, offered, or received a bribe.

This means that the evidence that you received the bribe may not be necessary to obtain a conviction. If the prosecution can prove beyond a reasonable doubt that you offered to receive the bribe, you will be found guilty.

The Intention of Accepting or Receiving the Bribe was to Influence your Testimony

Witness testimony is a critical part of the case in most criminal and civil cases. The evidence you present before the jury or court could significantly affect the case. When the prosecution has a witness they seek to call for the case, the defense team has a right to be notified.

Since most defendants know that your testimony may make the difference between serving a lengthy sentence and walking away with a dismissed case, they could approach you with a bribe offer. Changing a witness's testimony could weaken the prosecutor's case and reduce the likelihood of a conviction.

You will only be found guilty of taking a bribe if the bribe was intended to influence your testimony in the case. Additionally, you will be convicted of this crime if you accept a bribe to influence your availability for the trial.

You Acted With Corrupt Intent

Your intent is a critical element in a bribery case. The prosecution must prove that you acted with corrupt intent before your conviction under PC 138. People act with corrupt intent when they aim for wrongful financial gain or advantage. In this case, your corrupt intent would be to receive or ask for a bribe so you can change your testimony or avoid appearing in court to testify.

The prosecutor can use evidence from your phone or electronic communications to prove your intent. Showing corrupt intent is a difficult task for the prosecution. Therefore, the court can call for the use of circumstantial evidence to prove this element.

Penalties for Witness Taking a Bribe in California

Taking a bribe as a witness attracts felony charges. A conviction for this offense will result in a prison sentence of up to four years.

If you are an immigrant in the United States, a conviction for accepting or requesting a bribe could result in severe immigration consequences, which include:

  • Deportation. If you have an extensive criminal history and are arrested for taking a bribe as a witness, Immigration and Customs Enforcement will begin your deportation proceedings. Deportation means that you will be forcefully removed from the United States.
  • Inadmissibility. If you are rendered inadmissible in the United States, you cannot return to the country once you leave. The ICE could render you inadmissible after a conviction under PC 138.

Probation for Taking a Bribe as a Witness

There are several sentencing options available in California. The court could sentence you to time behind bars, fines, or probation, depending on the circumstances of your case. Probation is always imposed as an alternative to prison time for accepting a bribe as a witness. In this case, you will spend part of your sentence behind bars and part of it on felony probation.

Felony or formal probation lasts for up to five years. Probation is not available for all defendants. Instead, the court will assess your criminal history and other factors related to your conviction before imposing this sentence. If you are a first-time offender, you have a high chance of serving probation instead of incarceration.

When imposing probation for your PC 138 conviction, the court may attach the following conditions to your sentence:

  • Community service. You must offer community service while on probation for accepting a bribe as a witness in California.
  • Alcohol and drug treatment. If you argue that you were intoxicated when you solicited or accepted a bribe to change your testimony in court, the judge could order that you undergo treatment and counseling for drug and alcohol dependency.
  • Payment of court fines. The court imposes substantial fines following a PC 138 conviction. Part of serving your probation will be paying these court fines.
  • Avoid additional criminal conduct. A probation sentence offers defendants a chance for an early release from incarceration and the opportunity to move on with their lives. If the court sends you to probation for your felony conviction, you must avoid committing other crimes during probation.
  • Report to your probation officer regularly. The court will appoint a probation officer to monitor your progress while on felony probation. The probation officer will also be responsible for reporting a violation to the court. You must frequently check in with the probation officer throughout the probation period.

Serving probation means you will be tied to the criminal justice system throughout the probation period. Therefore, you can decline the probation sentence, serve your prison time, and move on. If you violate one or more of the probation conditions, you could be arrested and charged with a probation violation.

At the hearing for a probation violation case, the prosecution will present evidence to support the allegations. Your attorney will also have the chance to present a defense. The consequences of a probation violation include:

  • Reinstatement of probation with harsher terms.
  • Revocation of probation and reinstatement of the original prison sentence.
  • Probation revocation with a reinstatement of the maximum prison sentence for your crime.

Defense Against PC 138 Charges

You will face a felony charge if you accept or agree to receive a bribe to modify your testimony as a criminal or civil case witness. A felony conviction has serious consequences. Therefore, you must be aggressive to fight the charges and avoid a conviction. With the insight of an experienced criminal lawyer, you can present the following defenses against your case:

You were not a Witness

The court cannot convict you of taking a bribe as a witness if you were not a witness. The prosecution must prove to the court that you have been called upon to testify in a civil or criminal case. Law enforcement officers will interrogate multiple people when investigating a crime.

Most people who speak with the police may have no meaningful information about the case. Speaking to the police during their investigations does not make you a witness. Receiving a token from a person involved in a criminal or civil case cannot suffice under PC 138 if you are not a witness.

You Did Not Act with a Corrupt Intent

One of the elements of California PC 138 is that you acted with criminal intent. This means you intended to gain financially from failing to appear in court or changing your testimony. You can avoid a conviction for taking a bribe as a witness by arguing that your actions do not meet criminal intent requirements.

An example of a situation where you cannot form an intent to commit a crime is when you are intoxicated. Due to the pressure accompanying a civil or criminal case, you could decide to distress yourself through alcohol. If you accept a bribe as a witness while intoxicated, you may be able to avoid a conviction.

This is because you can convince the court that you were too intoxicated to make the proper judgment under the circumstances. When using the intoxication defense to establish a lack of intent, you must legally prove that you were under the influence of alcohol when you took or accepted the bribe.

False Allegations

Unfortunately, most cases under PC 138 rely on testimony from another person or circumstantial evidence. Therefore, it is not uncommon for your case to be based on a false allegation. This could come from someone wishing to ruin your reputation or discredit you as a witness in the case. A skilled lawyer can help you uncover false accusations and avoid a conviction.

Entrapment

You are a victim of entrapment if coercion from a law enforcement officer causes you to commit a crime. When law enforcement officers learn that you may be receiving or accepting bribes to influence your testimony, they can conduct a sting operation to catch you in the act. You can beat PC 138 charges by arguing that the insight from law enforcement officers influenced you to accept the bribe.

What is the Difference Between California Penal Code 138 and California Penal Code 137?

In California, receiving or giving a bribe to a victim will attract serious criminal charges. California PC 138 is charged against the victim who received the bribe, while PC 137 is charged against the person who offers or gives the bribe to the witness. The prosecution will secure a conviction under PC 137 after proving the following elements of the crime:

  • The defendant offered a bribe to a witness.
  • The defendant acted with the intention of convincing the victim to change their testimony.

Like PC 138, offering a bribe to a witness is a felony punishable by a four-year prison sentence. For immigrants, there is an added consequence of deportation or inadmissibility after a conviction under this statute:

Can I Expunge a PC 138 Conviction?

Taking a bribe as a witness is a felony that attracts severe legal consequences. The conviction will remain on your record after you serve your prison time and probation. A felony conviction in California can have lifelong collateral consequences.

All criminal convictions in California are public records. Therefore, every person or agency interested in your background can find the conviction and use it against you. This could cause challenges in your personal and professional lives. Fortunately, California law allows you to put your past mistakes behind you through several forms of post-conviction relief.

Expungement is a legal process that helps you avoid the consequences of your conviction. Under California PC 1203.4, expunging your conviction for taking a bribe as a witness will require you to file a petition in court and attend an expungement hearing. Before you file a petition to expunge your conviction, you must meet the following eligibility criteria:

  • You have completed probation. The court could sentence you to felony probation instead of prison time for accepting bribes to change your testimony in a criminal case. Although probation could keep you out of prison, there are strict conditions that you must follow. You must have completed your probation term and followed the conditions for your expungement petition to be successful.
  • You are not facing additional charges. You should not have a pending charge or sentence for another crime as you file your petition under PC 1203.4.

If you are eligible for an expungement, your defense attorney can help you compile the paperwork and file a petition with the court. The judge will assess your petition and grant or deny it. If the judge grants your PC 1203.4 petition, you can withdraw your guilty plea and replace it with not guilty.

Expunging your PC 138 conviction will offer the following benefits:

  • Ease in obtaining employment. Although an expunged conviction will not be erased from your criminal record, a potential employer cannot use it against you. Unless the employer finds the conviction in a background check, you are not obligated to disclose it.
  • Increased chance of obtaining and retaining your professional license. Being a convicted felon can be detrimental to your career. Your professional licensing board may deny you a license or revoke the existing one. If you expunge the felony conviction, you will have a better chance to retain the license.
  • Personal satisfaction. Being a convicted felon could cause serious social stigma. You may be afraid to interact with people for fear of how they will view you after discovering your conviction. By expunging the PC 138 conviction, you will be satisfied with leaving your past behind.

Find a Reliable Criminal Lawyer Near Me

Witnesses are key in criminal cases. If you are a witness in a case against another person, your testimony may be critical to securing a conviction. California Penal Code 138 makes it an offense for a witness to take or ask for a bribe in exchange for changing their testimony or influencing your availability in court.

The stakes are high for a witness facing charges for accepting or requesting a bribe. A violation of PC 138 is charged as a felony, and a conviction could attract serious criminal and collateral consequences. In addition to spending time behind bars, the conviction could taint your record and impact multiple aspects of your life.

Fortunately, all arrests under this statute do not lead to a conviction. With the guidance of a knowledgeable defense lawyer, you can build a solid defense and fight your charges. Your choice of legal representation makes a significant difference in the outcome of your case. At Los Angeles Criminal Attorney, we have the legal knowledge and expertise you need to protect your constitutional rights and secure a favorable outcome for your case. Call us at 424-333-0943 to discuss your case details.