A person may be criminally charged with obstruction of justice if they intentionally and knowingly interfere with a criminal investigation or the duties of law enforcement. These charges can be serious, and you should hire a defense lawyer now.
A person may be charged with obstruction of justice for many reasons. The key factor is that the defendant must have done something to interfere with a criminal investigation or the judicial process. Many defendants believe their actions are justified or that they were simply acting in their own defense. Even so, you may be charged, convicted, and even jailed for obstruction of justice.
Call our Philadelphia, PA criminal defense lawyers at Kenny, Burns & McGill at (215) 423-5500 to ask for a private, free legal evaluation.
What Constitutes Obstruction of Justice in Pennsylvania?
Obstruction of justice can be charged under various circumstances if the defendant is believed to have knowingly and intentionally interfered with law enforcement or judicial proceedings.
Interfering with an Investigation
Many people are charged with interfering with a criminal investigation. For example, someone whose loved one is being investigated by the police might lie to throw them off, thereby sparing their loved one from criminal charges.
Once the police discover the deception, that person could be charged with obstruction of justice for knowingly lying during a criminal investigation.
Hiding Evidence
In other cases, defendants are charged with trying to hide evidence from police during an investigation. For example, if a firearm was supposedly involved in a crime, the suspect or someone they know might move the gun to a secret location where the police will not find it.
If this deception is uncovered, everyone involved with hiding the gun may be charged with obstruction of justice.
Destroying Evidence
Sometimes, people do not simply hide or conceal evidence. Instead, they completely destroy it. In such cases, charges for obstruction of justice are almost certain if law enforcement discovers what happened.
If you did not destroy the evidence on purpose, or you destroyed it without realizing it was evidence, our Pennsylvania criminal defense attorneys may be able to fight charges.
For example, security camera footage is routinely deleted if nobody needs it. Some computer systems erase videos automatically after 30 days. If something like this happens, you may be able to fight charges for obstruction since you did not knowingly destroy evidence.
Evidence Tampering
A person may also be charged with obstruction of justice if they somehow alter or tamper with evidence. Such tampering often occurs before the police seize the evidence. For example, deleting files from a computer, editing paperwork or documents, or simply wiping away forensic evidence like fingerprints may be considered evidence tampering.
Preventing Arrest
Obstruction of justice does not always involve evidence. Some defendants are charged with interfering with an arrest or at least trying to. Simply helping someone to escape may be considered obstruction of justice, even if you have nothing to do with the case otherwise.
Lying During an Investigation
When the police investigate a crime, they might speak to people close to the defendant and potential witnesses. If you lie to the police when questioned, you may be charged with obstruction of justice.
Family members sometimes lie during investigations to protect their loved ones. While you might feel compelled to act in your loved one’s defense, doing so might land you in serious trouble.
Witness Intimidation
Speaking of witnesses, they are often key parts of a criminal trial, and their testimony may be crucial. If a defendant, or people acting on their behalf, attempts to intimidate witnesses into remaining silent or changing their stories, they may face serious charges for obstruction of justice.
What Do Prosecutors Have to Prove to Convict Someone of Obstruction of Justice?
Before anyone may be convicted for a crime like obstruction of justice, prosecutors must prove each criminal element of the charge beyond a reasonable doubt. This is a very high bar to meet and may leave ample room for you to defend yourself.
Intention
A major component of obstruction of justice is the defendant’s intent to interfere with a criminal investigation or judicial hearing.
It is one thing to destroy evidence. This might happen by accident, or the defendant might not have realized that what they were destroying was evidence in a criminal case. A defendant must be shown to intend to destroy or alter evidence to interfere with an investigation or criminal hearing.
Obstruction or Impairment of Justice
To be charged with obstruction of justice, your actions must be proven to have actually obstructed or impaired a criminal investigation, judicial hearing, or something similar. Trying and failing to interfere with a criminal investigation may be charged as an attempted crime, but not obstruction of justice.
Unlawful Methods
Prosecutors must also prove that whatever methods you allegedly used to obstruct justice were illegal. You cannot be charged with a crime if your actions were legal.
For example, it is illegal to interfere with a police investigation by lying to the police about key details of a supposed crime. It is not illegal to refuse to give the police any information, as everyone has the right to remain silent when questioned by the authorities while in custody.
FAQs About Being Charged with Obstruction of Justice in Pennsylvania
How Does Someone Commit Obstruction of Justice?
Obstruction of justice requires someone to knowingly and intentionally interfere with a criminal investigation, judicial proceeding, or similar proceedings. Their methods must be unlawful, and they must intend to interfere with the justice system.
How Can You Fight Charges for Obstruction of Justice?
You may fight charges for obstruction if you did not knowingly do anything wrong. For example, it might be illegal to destroy evidence, but not if you did not realize what you were destroying was evidence. If the destruction is accidental, you should not be convicted.
Can You Go to Jail if Convicted of Obstruction of Justice?
Yes. Obstruction of justice may be charged as a second-degree misdemeanor, which carries a jail term of up to 2 years. This potential jail time may start to add up if a defendant is charged with multiple counts of obstruction of justice.
What Circumstances Often Lead to Charges for Obstruction of Justice?
In many cases, the person charged is under criminal investigation, or knows someone who is, and attempts to hinder the investigation. Many people believe they are protecting someone they care about or simply defending themselves, but their actions might amount to obstruction of justice.
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Call our West Chester, PA criminal defense lawyers at Kenny, Burns & McGill at (215) 423-5500 to ask for a private, free legal evaluation.
