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4000 Town Center, Suite 1800, Southfield, MI 48075-1505
500 Woodward Avenue, Suite 2700, Detroit, MI 48226
39533 Woodward Ave, Suite 318, Bloomfield Hills, MI 48304
755 W Big Beaver Rd, Suite 1900, Troy, MI 48084
34977 Woodward Avenue, Suite 300, Birmingham, MI 48009
32455 W 12 Mile Rd, Suite 3039, Farmington, MI 48334
32121 Woodward Ave, Suite PH, Royal Oak, MI 48073
23358 Gratiot Ave, Eastpointe, MI 48021
3000 Town Center, suite 2440, Southfield, MI 48075
105 E. Main St., Northville, MI 48167
24359 Northwestern Hwy, Suite 200A, Southfield, MI 48075
33 Bloomfield Hills Pkwy, Suite 242, Bloomfield Hills, MI 48304
300 River Place Drive, Suite 1775, Detroit, MI 48207
150 West Jefferson Avenue, Suite 100, Detroit, MI 48226
400 Renaissance Center, Detroit, MI 48243
500 Woodward Avenue, Suite 3500, Detroit, MI 48226-3435
500 Griswold St., Suite 2340, Detroit, MI 48226
251 Merrill Street, 2nd Floor, Birmingham, MI 48012
28175 Haggerty Rd, Novi, MI 48377
150 West Jefferson Avenue, Suite 2100, Detroit, MI 48226-4438
1132 Webster St, Birmingham, MI 48009
18 1st Street, Mount Clemens, MI 48043
30300 Northwestern Hwy, Suite 111, Farmington Hills, MI 48334
333 West Fort Street, Suite 1400, Detroit, MI 48226
PO Box 798, Milford, MI 48381
Dearborn Obstruction of Justice Information
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What Does Obstruction of Justice Mean?
Obstruction of justice typically refers to an act involving the impediment of due process involving the law. Obstruction of justice occurs whenever an individual influences and/or impedes, by the threat of force or corruption, the due administration of justice. The federal statute generally applies to obstruction taking place in federal courtrooms as well as any testimonies delivered before Congress or to a federal agency.
Obstruction of justice can also involve a direct assault on a process server, picketing or parading in order to block a venue in which the carriage of justice is to take place, as well as a variety of other offenses.
Is Obstruction of Justice a Federal Crime?
Obstruction of justice is a federal crime that can be prosecuted at the federal level. If you are found guilty of obstruction of justice in federal court, you could face a penalty of up to 30 years. This penalty can be enhanced to meet the same penalty for federal charges of homicide if a witness is killed by the offender attempting to obstruct lawful proceedings.
You could face a 10-year sentence for tampering with or destruction of corporate audit records under the scrutiny of the SEC, as well as for retaliating against a judge or law enforcement officer by using false claims or slander to place a lien against their real or personal property.
Obstruction of justice charges can also be filed in state courts. While an official umbrella term of “obstruction of justice” charges may not be applicable in some states, a variety of charges such as offering false evidence, preparing false evidence, destroying evidence, tampering with or intimidating witnesses and resisting or obstructing a police officer are similar in concept.
Punishment for obstruction of justice at the state level varies greatly, not only in terms of jurisdictional allowances but also considering the severity of the alleged offenses but vary from about six months for misdemeanor obstruction-related crimes all the way up to 10 or 20 years behind bars for the most severe incidents.
Is Obstruction of Justice a Felony?
Obstruction of justice can either be classified as a misdemeanor or as a felony. While resisting arrest without violence (say, by fleeing) can be classified as a misdemeanor in some states, it is automatically classified as a felony in almost all states whenever a deadly weapon becomes involved in the resistance of arrest.
Witness tampering — particularly any degree of witness tampering involving threats of, or actual, violence — typically results in felony charges for the offender responsible for the act, as does any evidence of bribery of public officials involved in the case (be it the judge, arresting officer, etc.).
Is There a Statute of Limitations on Obstruction of Justice?
The statute of limitations regarding charges related to obstruction of justice can be greatly dependent on the form the obstruction takes. Any instance of obstruction related to serious violent crimes, sexual crimes (particularly those involving minors) and homicide may not have any statute of limitations placed on it at either the state or federal level.
Speaking more broadly, however, the statute of limitations for obstruction charges is typically five years in federal court, and six years in state courts. The statute of limitations begins on the day the alleged act was committed, running time from that point onward.
Are You Facing Obstruction of Justice Charges?
If you are facing obstruction of justice charges, you are at risk of severe penalties, including fines and time in prison. You will benefit from hiring a skilled obstruction of justice attorney who will evaluate your case and help build your defense.
Defending Against Obstruction of Justice Charges
There are several ways you can be convicted of obstruction of justice. When an individual interferes with the judicial system, law enforcement or regulatory agencies through making bribes, threats, as well as tampering with or destroying evidence, they will more than likely be punished for those acts. An obstruction of justice attorney will protect your rights and help challenge the introduction of certain evidence if you go to trial.
Can You Beat an Obstruction of Justice Charge?
It is possible to beat charges related to obstruction of justice, largely depending on your legal defense team, the strength of the prosecution (and the evidence they have collected) and the particulars of your case and criminal history.
For these reasons, it is strongly suggested that you retain the services of a skilled criminal defense lawyer at your earliest opportunity. Not only can experienced legal counsel meet with you to go over the options available such as going to trial or attempting a plea bargain, but attorney-client privilege protects your conversations, allowing you to discuss the matter in private.