Facing arrest for obstruction of justice can feel arbitrary and unfair. This is especially the case if you believe the arrest to be unlawful.
Getting the charge to go away requires proving that no obstruction exists. A brief overview of this aspect of the law can help make this happen.
Defining obstruction of justice
Begin by learning how the law defines obstruction of justice. Generally, the indictment applies when someone faces accusations of deliberately hindering an investigation or the prosecution of a crime. This could include lying to law enforcement, destroying evidence or interfering with eyewitnesses.
Amassing evidence
Your case is only as strong as the proof in your possession. Evidence might include video recordings of your interaction with law enforcement, which could be on the officer’s body camera. Make a formal request for the relevant footage. Witness statements contradicting police narratives and arrest documents if they contain mistakes also make for powerful exhibits. Anything showing you were not interfering with the investigation or hindering authorities could be exculpatory.
Exercising your rights
Among other prerogatives, your civil liberties include the right to remain silent and a right against unreasonable searches and seizures. Understanding these protections can help you identify whether law enforcement is committing a violation. If you can prove a disregard for your constitutional freedoms, it may be enough to sway a jury that the arrest is invalid.
Just because you are under arrest for obstruction of justice does not mean the officer has a proper justification for slapping the cuffs on you. Careful observation of your arrest is fundamental to making the allegation disappear.