Charges
Dissuading a Witness or Victim (Penal Code 136.1)
A charge that often arises from a phone call made after the arrest — and one that can be more serious than the case it grew out of.
This is the charge we most often see people create for themselves after the arrest. A call home, a message asking someone not to come to court, a relative asked to “just not answer” — and a second case appears that is frequently more serious than the first.
What Penal Code 136.1 covers
The statute addresses knowingly and maliciously preventing or dissuading, or attempting to prevent or dissuade, a witness or victim from reporting a crime, from attending or giving testimony at a proceeding, or from assisting the prosecution. The attempt counts — it does not matter whether the person actually stayed away.
Why it escalates
| Wobbler at the base | It may be charged as a felony or a misdemeanour. |
| Force or threats | Where force, or an express or implied threat of force or violence, is alleged, the offence is treated far more seriously. |
| Serious felony territory | Intimidation of victims or witnesses appears among the serious felonies listed in Penal Code 1192.7(c), which brings strike consequences — see three strikes and bail. |
| It is a separate case | Penal Code 1269b(g) means a bond on the first matter does nothing for this one — see holds and multiple cases. |
| Release can be revoked | Conduct like this while out on bail is a classic trigger for a court to remand or raise bail — see bail revocation and the PC 12022.1 on-bail enhancement. |
The recorded call problem
Calls from custody are recorded and routinely reviewed by prosecutors. A recorded request that someone not attend court, not speak to police, or “say it did not happen” is close to ideal evidence for this charge. Say nothing about the case on a jail line — see inmate phone calls. The confidential conversation is the one with a criminal defence lawyer.
Where it commonly arises
Most often in domestic violence cases, where a protective order is already in place — see protective orders and EPOs and violating a court order. Contact initiated by the protected person does not authorise a reply, and the order binds only the restrained person.
Working out the amount, and what can change it
The figure comes from the countywide schedule Penal Code 1269b requires each county’s judges to adopt and revise annually. A judge may raise bail under 1269c, a hearing may be required in serious cases under 1270.1, and under In re Humphrey (2021) 11 Cal.5th 135 a court must consider ability to pay before setting money bail that results in detention.
HoldsHolds and Multiple CasesThe most common reason a paid release does not happen.Read more
ProcessThe Booking ProcessNobody appears in a search until booking completes.Read more
ProcessArraignmentThe PC 825 48-hour rule, excluding Sundays and holidays.Read more
Local guides: Anaheim, Brea, La Habra, Fullerton, Buena Park, Yorba Linda and Tustin.
Please note: American Freedom Bail Bonds is a licensed bail bond agency, not a law firm. Nothing here is legal advice and we cannot predict how any case will be charged or resolved. California bail license 1841014.
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