Legal Question in Criminal Law in Michigan

Re: Bribrey of a witness

What you said in the 3rd call is very incriminating re: the elements of bribery.

Since the underlying crime was CSC, I am assuming that it was CSC 1st, 2nd or 3rd degree, which all carry at least 15-year maximum sentences, and that the type of bribery you were charged with was MCL 750.119(1)(b) [bribery re: a criminal case punishable by more than 10 years]. That bribery crime says that you "did corrupt or attempt to corrupt _______ by giving, offering or promising any gift or gratuity, with the intent to bias or influence the opinion or decision of that person in a criminal case where the crime was punishable by a maximum term of imprisonment of more than 10 years, or imprisonment for life or any term of years". Offering (or aiding/abetting another person to offer) $$$ in return for the person "recanting" incriminating evidence in this kind of felony fits the elements.

Can the prosecutor use a tape recording of a phone call you were involved in? Unless there was a court-approved "wire tap" search warrant, it was a legal recording as long as at least one person who was a party to the call knew it was being recorded and consented to the recording. Some other states require that all people in the conversation must know about the recording and consent to it ... but Michigan is a "one-party" state. So, if the CSC victim knew about it and consented to it, then the recording is probably admissible.

However, you should have all the case facts reviewed in detail by a criminal defense attorney because if the facts are different than what you listed here, the legality of the recording might be affected.