Obstruction of Justice Laws in California
I see this charge filed all the time by law enforcement after they have used physical force against a person in the performance of their duties. This is why I offer my services as obstruction of a justice defense attorney. In today's day and age, the police must justify everything they do, mainly if they use force against a person while they are doing their job.
Thus, in justifying physically dealing with a person, they will make it the other person's fault and arrest them for the crime of obstructing justice. The person often interfered with the police and deserved to be charged with this crime. On the other hand, I have seen the police act like jerks and improperly try and bully someone or overstep their authority and then turn it around on the person who got in their way.
In these circumstances, my job as obstruction of a justice defense lawyer is to show the prosecutor that the police acted wrong and cover up their actions. There are several effective ways to do this, and it helps that the prosecutors are not stupid and know the police are prone to improperly use this charge to get away with their wrongful acts.
Fortunately, when the police act improperly, they leave behind clues that point to a problem, and it is up to the defense to catch these clues and use them to their client's advantage. Therefore, it is essential to contact a criminal defense lawyer right away to make sure your rights are protected at all times.
California Law Related to Obstruction of Justice
Under California Penal Code section 148(a)(1), any conduct or action that hinders or prevents authorities from carrying out their duties such as administration of courts, law enforcement actions, judicial process, is referred to as the crime of obstruction of justice and require the services of an experienced and qualified obstruction of a justice defense attorney.
The problem with this law description is that it is subject to manipulation by law enforcement. In other words, if someone says something they do not like or gets in their way, I have seen them abuse this charge to justify misbehaving towards a person. 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.
I have seen people at their homes having a party, manhandled by the police because they do not move fast enough when they get there and tell them to be quiet and cooperate. If the police have improperly treated you, whether on the road or at your place, it is time to get a professional on your side and start to move things in the right direction! Contacting a defense lawyer should be your first step in this direction.
What are the Penalties If Convicted?
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 were involved, the charge would likely be a felony. Other more serious charges can be filed against you in conjunction with Obstruction of Justice charges, like resisting arrest, battery, assault, and a myriad of additional charges that fit the circumstance the police claim they were faced with.
A felony charge can carry harsh penalties and requires the services of an experienced criminal defense attorney. Call our office to discuss your case. You can face several consequences and severe penalties if you do not act now.
The crime can cost you up to a year in jail, not to mention excessive fines, community service, probation, and a criminal record. The prosecutors like to do everything they can to protect the police and punish those who do not obey them and who they see as a danger to the community. It is up to your criminal defense attorney to fight, and should that the police were not performing their duties at the time of your arrest, that they were overreaching, out of line, and you did not obstruct justice, but instead were acting within your rights.
Retain an Experienced Criminal Defense Lawyer
As your attorney, we aim to prevent these penalties from being imposed upon your life. We understand and know that often 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 is 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.