Obstruction of justice what is it
Trying to fixing the problem might very well make things worse. Instead, consult with experienced counsel to guide the investigative process. Broadly, obstruction of justice is a forceful, threatening or corrupt act or communication that obstructs, impedes or influences the administration of justice.
Actions that may be charged as obstruction of justice include:. Obstruction of justice cases are usually difficult for the government to prove.
In addition to proving the obstructive act or communication, the government must also prove that the defendant knew a judicial proceeding was pending at the time, intended to obstruct justice and understood the act would, in fact, obstruct justice. She was also charged with unlawful communication with a witness and conspiracy to commit obstruction of justice.
Her cousin Joseph Perez, 28, was also charged with obstruction of justice. He had been previously charged with domestic battery but the charges were dropped by the State Attorney because of non-cooperation from the victim. Authorities report that Joseph Perez had received help from Christina Perez to contact the woman that he had been accused of bettering in January. The police believe that the victim stopped cooperating with the police due to the involvement of Christina who is a police officer.
Obstruction of justice charges are usually brought against two types of people. First, the charges are brought against people whose actions have caused delays in investigation allowing an offender to get away. Second, the charges can also be brought against defendants whose actions are believed to be causing delays in an ongoing investigation.
A defendant may be able to get the charges dropped in exchange for cooperation with the law enforcing agencies in an ongoing investigation. This option was recently used by Justin Serak, 29, who had been charged with obstruction of justice by the Lake County prosecution.
The man was previously charged in connection with the death of a teenager at a Lake Villa youth home where he used to work. Serak was charged along with another co-worker James Davis. Authorities claim that the teen died when Serak and Davis were trying to get him back to his room during a confrontation on the campus.
The police and rescue services were later called that night in response to injuries received by the teenager. He was later taken to the hospital and died. Serak had initially told the investigators that the teen had slipped on a wet floor. More than a dozen witness testimonies contradicted this claim who reported that they had seen Davis choke the teenage. Davis is still held in custody at the Lake County jail on charges of involuntary manslaughter and obstruction of justice.
Obstruction of justice charges will be dropped against Serak in exchange for a true testimony in court. Obstruction of justice can be anything from knowingly lying to the police to tampering with evidence. The defense strategy would depend on the actions taken by the defendant that caused the charges.
If you have been accused of interfering with an officer or failing to obey a legal command, contact our experienced team of criminal defense attorneys now. Interfering with a police officer, resisting an officer, or obstructing justice through any other means is a serious accusation, and anyone facing obstruction charges should contact a talented lawyer as soon as possible.
When you have allegedly interfered with an officer, there are many details to look at before making a judgment in your case, and our attorneys will ensure every aspect of your situation comes to light either in pre-file or trial stages of your case. Our work both inside and outside the courtroom has effectively assisted clients statewide in obtaining beneficial outcomes in even the most difficult cases. We investigate every detail of your arrest and the charges you face, and will expose any rights violations, unlawful search and seizure, probable cause for arrest, or other issues which could help you obtain an acquittal, dismissal, or reduced charge.
If you are already facing another criminal charge, work with the best possible attorney to ensure you understand how different laws will interact and affect your case. Our attorneys are recognized for their work in criminal cases statewide over the past decade, and we have proven our skills throughout Michigan.
Call now or contact us online. Ask to set up a free case consultation with founding attorney Scott Grabel, and benefit from over a decade of legal knowledge that will help you throughout your case. We are here to help you stand up to police and prosecuting attorneys, and will fight for your best interests no matter what charge you face. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail.
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