Obstruction of Justice
Los Angeles Obstruction of Justice Attorney
Criminal Defense Lawyer in LA
When it comes to proving that someone obstructed justice, the prosecutors must prove that the defendant engaged in any conduct or action that hindered or prevented authorities from carrying out their duties, such as administration of courts, law enforcement actions, judicial process and the like. Where I usually see this charge come up is when the police are called out to a scene to investigate a crime and a third party (the family of the person who caused the original problem for example) tries to intervene in order to help the person the police are investigating. An example of this in action would be if they are called out on a domestic violence case and they are attempting to enter a home to make sure that everyone is physically alright and someone tries to stop them. The person trying to stop them would be interfering with them in the performance of their duties and subject to arrest. The reason for this is because on a domestic violence call, the police must make sure everyone is OK.
This issue usually comes up when someone does not cooperate with the police while they are performing their duties. However, many times police officers overstep what they are reasonably permitted to do by law and attempt to force people to do things or follow commands that they should not have to follow. Unfortunately, there are some law enforcement officers that go too far in the performance of their duties. They take a position that they are untouchable and the public better do what they say or they will suffer the consequences. This is where finding a seasoned criminal defense attorney who has been around the block in Los Angeles County is all important. The right attorney can turn the tide against an unprofessional police officer and put them in their place and get you back on the right side of the law!
A few examples of obstruction of justice are: resisting arrest, lying as a witness, bribing a witness, jury, lawyer, or judge, threatening a witness, jury, lawyer, or judge, hiding or falsifying evidence. Again, the most common situation where this comes up is when the police have to use physical force against someone who is not committing a crime and in order to justify their actions, they charge the person with interfering with them in the performance of their duties.
Obstruction of Justice Charges and Penalties
Obstruction of justice can be filed as a misdemeanor or felony depending on the actions and how severe they were. For example, if a significant amount of violence was involved, then the charge will likely be a felony.
WHERE THE POLICE ACTUALLY PERFORMING THEIR DUTIES WHEN THEY INTERACTED WITH THE PERSON THEY ULTIMATELY ARRESTED FOR OBSTRUCTION OF JUSTICE?
If the police get in some sort of a personal argument or issue with someone and then decide that they want to arrest that person, this is not the appropriate scenario that permits them to claim the person obstructed justice. If, on the other hand, the subject person tries to physically stop the police from performing a necessary action related to a legitimate call they are handling, then the person who is interfering with them will be successfully prosecuted.
As your Los Angeles Criminal Attorney we aim to prevent these penalties from being imposed upon your life. We understand and know that often times your conduct may have been misunderstood and perhaps you were simply exercising your right to free speech. Whatever the case may be, our Lawyers will build a strong defense on your behalf to prevent the prosecution from proving the elements of the crime beyond a reasonable doubt.
Depending on what was hindered and what process was interfered with, the crime of obstruction of justice can be charged in state or federal court and the Hedding Law Firm Attorneys are experienced and licensed to practice in both courts. Call us and set up a free initial case evaluation and we will begin our intervention immediately.