The obstruction of justice refers to interference in administering justice by threatening, forcing, corrupting, impeding, or aiming to impede, obstruct or influence justice administration. It is a type of process crime, which implies that it is the type of offense that takes place in the criminal process while targeting the judiciary. There are various kinds of instances where an individual can obstruct the administration of justice. For more information, consult a lawyer from njcriminaldefensellc.com today.
Obstruction of justice is observed in numerous instances. It is likely dependent upon the details and specifics of the situation. The details help in determining the Flow of keys and consequential events. It is considered unlawful to disturb committee hearings, federal agencies or departments, criminal investigations, and court orders. Anyone who engages in retaliatory acts against eyewitnesses and informants or tampers with evidence can be charged. They are prohibited from falsifying, destroying, or modifying any existing records. In some cases, making up lies in federal investigations is deemed as obstruction.
What are the different ways to obstruct federal justice?
Obstruction of federal justice can take place in many ways. Some of the ways of obstruction of federal justice include:
- Aiding a suspect
If someone is charged with a crime, you should not help them hide from the police under any circumstances. This is an obstruction of justice, and you can be charged for aiding the suspect. Even warning someone about an ongoing investigation can be classified as obstruction of justice if the warning provides the person being investigated a chance to hide, tamper, or remove the evidence, or even if they just prepare an alibi.
- Resisting a police officer
Police officers and other law enforcement are executing their legal duties, and if you intentionally resist them or oppose them, you can be charged with obstruction of justice.
Lying in any criminal investigation is also classified as an obstruction of justice. This can include lying to police officers during the investigation, putting false information in documents, or delivering false information to the authorities in any way.
- Aiding someone’s escape
If you assist someone in escaping the police or other law enforcement, you can be charged with obstruction of justice. Aiding an escape from the police is also a third-degree felony.
Bribery is a class F felony and is a very common obstruction of justice charge.
- Leaking the information of a police officer
Suppose you leak the personal information, such as the home address, of the police officers. In that case, you can be charged with obstruction of justice as it may affect the police officer’s capabilities to carry out his duties.
- Tampering with evidence
Tampering with evidence is also an obvious obstruction of justice. This can include destroying or altering the physical evidence in any way. If you make any changes to the physical evidence of an investigation, you can be charged with obstruction of justice.
- Intimidating witnesses
If you bribe the witnesses or threaten them so that they give the wrong witness statements to law enforcement, then you can be charged with obstruction of justice. You should not intimidate or threaten a witness or prevent them from giving their statements in any way.
Other examples of obstructing justice can include things such as:
- Refusing to help the police and other law enforcement when asked to
- Impersonating the police and other law enforcement
- Providing people with tools that can help them escape arrest
- Not appearing at a court date after you have been released on bail
- Endangering search dogs and other police animals
- Making unlawful use of police communications
- Preventing someone from receiving medical assistance after they were injured because of a crime
Obstruction of Justice and State Laws -How is Obstruction of Justice proven?
If someone is charged with obstruction of justice, then several elements need to be proven for them to be properly convicted. Things that should be considered when proving an obstruction of justice charge are:
The intent is necessary in order to prove a charge of obstruction of justice. The intent is usually tough to prove, as the prosecution would need to provide evidence that the charged convict intended to obstruct justice.
The prosecution also needs to prove that the convict had the knowledge that their actions would obstruct the case and that it did not happen by accident.
In some situations, a person can only be convicted of obstruction of justice if a certain amount of money is involved in the case.
Consequential penalty for obstruction
If you have faced a charge of Federal obstruction of justice, you will be faced with a serious penalty if it is found that you are not innocent. In some instances, the guilty individuals are imprisoned. However, it is likely dependent on the variety of keys. If it is found that someone engaged in causing an injury to the officer or influencing them, they can face imprisonment for a decade. If they disrupt or obstruct a federal agency, they can face imprisonment for 5 to 8 years. If it is found that someone named incites violence or tries to harm federal officials, they can face imprisonment for two decades.
The role played by guilty individuals has a significant influence in determining the length of their sentences. Federal charges are highly complicated. The area of federal law involving obstruction of justice administration requires the guidance and expertise of highly knowledgeable lawyers so that the people involved in it again be aware of all the possible consequences and remedies for protecting their rights. Make sure to hire a lawyer skilled in handling similar cases so that you have a solid defense team on your side. They help manage your case’s technical and legal aspects to ensure that your interests are protected.
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The obstruction of federal justice is a felony. If you need more legal information about the obstruction of a federal investigation, then you should consult a legal professional today and get the help you need.