■  Obstruction Of Justice Attorney

Obstruction Of Justice Attorney

What is obstruction of justice? Obstruction of justice is a criminal offense which involves interference by actions or words. It is a crime of interfering with the administration and due process of the law, including any criminal proceeding or investigation. To be guilty of obstruction of justice, a person must have knowledge of an investigation or proceeding and attempt to influence it. Threatening a judge, trying to bribe a witness, or encouraging the destruction of evidence is examples of obstruction of justice. Federal and state laws make it a crime to obstruct justice. Other examples include:

• Lying to police during questioning;
• Falsifying or destroying documents sought by the police during an investigation;
• Attempting to influence a jury or witness. 

Actual obstruction is not needed as an element of proof to sustain a conviction. It is misfeasance, malfeasance or nonfeasance in the conduct of the office. Most commonly it is prosecuted as a crime for perjury by a non governmental official primarily because of prosecutorial discretion. Prosecutors and attorneys general however commit obstruction of justice when they fail to prosecute judges and other government officials for malfeasance, misfeasance or nonfeasance in office. Penalties can range from simple fines to jail time of up to ten years.

Generally, obstruction charges are laid when it is discovered that a person questioned in an investigation, which is not a suspect, has lied to the investigating officers. However, in most common law jurisdictions, the right to remain silent allows any person who is questioned by police merely to refuse to answer questions posed by an investigator without giving any reason for doing so.

According to US laws: Whoever, with intent to avoid, evade, prevent, or obstruct compliance, in whole or in part, with any civil investigative demand duly and properly made under the Antitrust Civil Process Act, willfully withholds, misrepresents, removes from any place, conceals, covers up, destroys, mutilates, alters, or by other means falsifies any documentary material, answers to written interrogatories, or oral testimony, which is the subject of such demand; Shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism  imprisoned not more than 8 years, or both.

Famous Personalities that had been accused of obstructing justice:

• President Bill Clinton was impeached by the United States House of Representatives in 1998 for obstruction of justice charges based on allegations Clinton lied about his relationship with Lewinsky in a sworn deposition in the Paula Jones lawsuit. This made Clinton only the second U.S. president to be impeached after Andrew Johnson. He was later acquitted by the Senate.
• President Richard Nixon was being investigated for obstruction of justice for his alleged role in the cover-up of the break-in at the Watergate hotel during his 1972 re-election campaign. Although it is widely believed that Nixon had no foreknowledge of his re-election committee's "dirty tricks" campaign against Democratic presidential candidates that led to the break-in, he was aware of it after the fact and paid money to keep the participants quiet.

What will you do if you are accused of obstructing justice?All you got to do is call a lawyer right away to discuss your rights. Attorney William A. Kennedy can help you.  Call our office for free counseling with regards of your case.