Q: If at time of arrest, a person is told by officer , he is being charged for intimidating a witness x3.
Does this charge file under the hindering apprehension law?
A: The officer is not the final person to determine the criminal charge(s). A prosecutor will review the report and determine whether to proceed and what charge(s) are brought. There are not enough facts stated to determine whether and how "§ 5-54-105. Hindering apprehension or prosecution" or "§ 5-53-109. Intimidating a witness" might apply in this incident. Also, intimidating is a Class C felony. Hindering varies by "the felony constituted by the conduct of the person assisted." Depending on THAT felony, hindering can range from a Class B felony to a misdemeanor.
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