Jury tampering is a crime when committed purposefully, but in many cases it can happen without anyone intending to do so. Any type of tampering can have a big effect on a person’s ability to receive a fair trial. This is why we at Law Office of Michael L. Fell are always on the lookout for various types of jury tampering and misconduct. Keep reading to learn what we’re looking for and then contact us at (949) 585-9055 if you are ready for a free legal consultation with a criminal defense attorney.

The Definition of Jury Tampering

While the trial is ongoing, no person is allowed to discuss or communicate with the juror about anything that is related to the case. It does not matter how they do it – if a person breaks this rule then they have committed the crime of jury tampering.

Obvious examples include someone attempting to bribe a jury member to vote a certain way, or threatening them to get the vote they want. Another, less obvious example is a person leaving an anonymous note, slipping a juror a photograph, or giving the juror any type of information that has been excluded at trial.

The Definition of Juror Misconduct

No outside information or opinion is supposed to influence the juror. The job of the juror is to decide a case based on the facts they were presented with at trail – not on information that is coming from anywhere else. Jurors are instructed not to discuss the case with anyone. If they do so, then they are committing juror misconduct and they can be dismissed from the jury. However, this is not generally a crime.

A Jury Can Be Influenced Accidentally

Juries can be influenced without someone making an attempt to do so. For example, if a juror is at a restaurant and overhears someone talking about the case and revealing information from the news that was not admissible in court, they could be influenced by it even though they did not purposefully seek out information.

What Happens if a Juror Was Influenced

Whether influenced by outside information via jury tampering, misconduct, or a mistake, the judge may declare a mistrial and grant a new trial. However, it is up to the defendant’s legal team to prove that it has happened. At Law Office of Michael L. Fell we know the signs to look for and we are always keeping our eye on what is happening with the jury.

If you believe a jury was tampered with on your case, or if you have been accused of a crime need an experienced attorney to defend you, contact Law Office of Michael L. Fell at (949) 585-9055 right away.