Obstruction of Justice Lawyers in Miami
Resisting Arrest, With or Without Violence
There is a legal difference between the charges of Resisting an Officer Without Violence (a first-degree misdemeanor, punishable by 364 days in jail) and Resisting an Officer With Violence (a third-degree felony, punishable by up to five years in prison). The officer has to have been executing a lawful legal duty to have a basis for either charge.
The charge of Resisting an Officer is usually an add-on charge, which means that an officer throws this in on top of other existing charges. Sometimes, it is the officer’s last-ditch effort to find something to charge someone with. Most people don’t even realize that the charge was added. Even if prosecutors can be convinced that the resisting charge is without merit, they are hesitant to dismiss the charge because they work so closely with officers as part of their job.
Sometimes it’s the slightest thing that will trigger a resisting charge, such as:
- Tensing your arms
- Walking away
- Voicing your opinion
The bottom line is, if the officer was upset or frustrated with you, he or she may have it out for you. Don’t let a bogus charge by fabrication or exaggeration ruin your future. Having an experienced Miami criminal defense attorney by your side is important. At Fischer Redavid PLLC, we know how to talk to prosecutors so that they can comfortably talk to the officers.
We can begin with your case as soon as you schedule a free consultation when you call (305) 400-0074!
Obstruction by Disguised Person
If you have been accused or being investigated for disguising yourself with intent to obstruct justice with the intent to intimidate, hinder, or interrupt any officer or other persons enacting his or her legal duties, your charges will be under obstruction of justice by disguised person. Under Florida law, this obstruction of justice charge is categorized as a first-degree misdemeanor that is punishable by up to one year in jail. This charge usually comes up when you give the officer the wrong name. Many times, however, clients are just giving the officer an alias or a nickname, not knowing that this is actually a crime. The good news is, there are defenses that our Miami criminal defense lawyer can raise on your behalf to clear your name.
Jury Tampering & Witness Tampering
Another form of obstruction of justice is tampering. This happens when a person meddles or interferes with a criminal investigation in an attempt to change the course of the proceedings.
The two types of tampering include:
- Jury tampering: This is when a person influences the decision or judgment of any grand or trial jury on any matter, question, cause, or proceeding which may be pending with intent to obstruct. Any person found guilty of this charge faces a felony of the third degree. The sanctity of our criminal justice system is not compromised easily, but when it is, the government will seek to punish those involved. Sometimes, even seemingly innocent conduct may be confused or misunderstood to be tampering.
- Witness tampering: Witness tampering can encompass many actions. If you use intimidation or physical force, threaten or attempt to threaten another person with the intent to cause that person to, for example, withhold testimony, a record, document, or other objects, from an official investigation or proceeding is witness tampering. Convincing or attempting to convince someone to alter, destroy, or conceal something with the intent to prevent that item from being used in an official investigation or official proceeding is also witness tampering, as is trying to get a witness to not appear to testify.
When the state or federal government prosecutes, they often need witnesses to prove its case. If you interfere, they will come after you in full force. Don’t go about this time alone. Our Miami criminal defense attorney has always sided with the accused and we are ready to fight for you aggressively to obtain the results that you want and deserve.
Call Fischer Redavid PLLC for a free consultation today!