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LegalEagle1
LegalEagle1, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 748
Experience:  Practicing attorney licensed for over 23 years.
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I was charged with three counts of obstructing an investigation.

Customer Question

I was charged with three counts of obstructing an investigation. what could happen with these charges? jail? probation?

what are my chaces of getting jail time because of so many counts?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  LegalEagle1 replied 1 year ago.
Hello and welcome to JustAnswer. I would like to assist you with your question today.

Before I can answer your question I need some additional information.

Were you charged with "obstructing an officer" which is a misdemeanor or were you with "obstructing justice" which is a felony. If you are not certain, please give me the code section if you know it or the alleged facts.
Customer: replied 1 year ago.


It must be obstructing an officier then. they told me it was a misdemeanor. I gave them a whole bunch of fake names aqbout someone who commited a burgely

Expert:  LegalEagle1 replied 1 year ago.
Yes that would be a misdemeanor. Here is the statute:

§946.41  Resisting or obstructing officer.
(1) Except as provided in subs. (2m) and (2r), whoever knowingly resists or obstructs an officer while such officer is doing any act in an official capacity and with lawful authority is guilty of a Class A misdemeanor.
(2) In this section:
(a) "Obstructs" includes without limitation knowingly giving false information to the officer or knowingly placing physical evidence with intent to mislead the officer in the performance of his or her duty including the service of any summons or civil process.
(b) "Officer" means a peace officer or other public officer or public employee having the authority by virtue of the officer's or employee's office or employment to take another into custody.
(c) "Soft tissue injury" means an injury that requires medical attention to a tissue that connects, supports, or surrounds other structures and organs of the body and includes tendons, ligaments, fascia, skin, fibrous tissues, fat, synovial membranes, muscles, nerves, and blood vessels.
(2m) Whoever violates sub. (1) under all of the following circumstances is guilty of a Class H felony:
(a) The violator gives false information or places physical evidence with intent to mislead an officer.
(b) At a criminal trial, the trier of fact considers the false information or physical evidence.
(c) The trial results in the conviction of an innocent person.
(2r) Whoever violates sub. (1) and causes substantial bodily harm or a soft tissue injury to an officer is guilty of a Class H felony.
(2t) Whoever violates sub. (1) and causes great bodily harm to an officer is guilty of a Class G felony.
(3) Whoever by violating this section hinders, delays or prevents an officer from properly serving or executing any summons or civil process, is civilly liable to the person injured for any actual loss caused thereby and to the officer or the officer's superior for any damages adjudged against either of them by reason thereof.

The violation you describe is a Class A misdemeanor. The possible punishment for a Class A misdemeanor, a fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both. The court does not need to impose this type of penalty.

Since you are charged with three counts you could in theory be sentenced consecutively for each offense. This is not likely.

When the court sentences you the court will consider the need to protect of the public, the gravity of the offense(s), the harm suffered by the victim, and the rehabilitative needs of the defendant ( which include any previous criminal history.) If you are a first time offender and your misrepresentations to the officer did not cause much harm you most likely will be able to plead to just one or even a reduced offense and receive probation. If the courts were to lock everyone who lies to a police officer, there would be no room left in the jails for the serious offenders. If you have a lengthy criminal record then you may face more serious consequences.

You may want to consult with an experienced criminal attorney in you area, they should be able to best tell you what your court's sentencing policies are for cases like yours.

I hope that I have answered your question. Please let me know if you have more questions or need more information.

_________________________________________________________________
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Customer: replied 1 year ago.


So is the fine and jail time for one count. so I would times them 3? meaning 30,000 and 18 month in jail

Expert:  LegalEagle1 replied 1 year ago.
Actually the maximum could be 30,000 and 27 months (3 times 9 months).

This is just a possible sentence. Courts very rarely impose the maximum sentence.

If you have no prior criminal history, they court most likely will impose a modest fine, court costs and a place you on probation. Again an experienced criminal attorney who practices in that court can give you a much better idea as to what your court's sentencing policies are like.

I hope that I have answered your question. Please let me know if you have more questions or need more information.

_________________________________________________________________
Please rate my answers with a positive rating (three or more stars) as this is the only way I receive credit and compensation for my work. If you have additional questions or need more information, please ask.

My goal is to provide with best assistance that I can. Please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also keep in mind that the law may not always be settled or may not support the position you want. My role is not to tell you what you want to hear. but to provide you accurate information as to what the law provides. Please do not rate me poorly just because the information I have provided does not support the outcome you desire.

You can always request me through my profile at http://www.justanswer.com/law/expert-legaleagle1 also begin your question with “For LegalEagle1”
_________________________________________________________________
Use of this service does not create any attorney client relationship. Information provided is intended to explain general legal principles and assist you in finding an attorney in your area.

Please click "Great" or better to rate service.
LegalEagle1, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 748
Experience: Practicing attorney licensed for over 23 years.
LegalEagle1 and 7 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.


So they could drop all the charges except one.

Customer: replied 1 year ago.


One more thing. This is something that the judge can have me go to counseling for is it? Because the detective thinks theres something wrong with me

Expert:  LegalEagle1 replied 1 year ago.
Yes, that is a possibility. They could even amend/reduce that charge to a lower level misdemeanor.

Yes, the judge can have you evaluated and make counseling a condition of probation.

I hope that I have answered your question. Please let me know if you have more questions or need more information.

_________________________________________________________________
Please rate my answers with a positive rating (three or more stars) as this is the only way I receive credit and compensation for my work. If you have additional questions or need more information, please ask.

My goal is to provide with best assistance that I can. Please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also keep in mind that the law may not always be settled or may not support the position you want. My role is not to tell you what you want to hear. but to provide you accurate information as to what the law provides. Please do not rate me poorly just because the information I have provided does not support the outcome you desire.

You can always request me through my profile at http://www.justanswer.com/law/expert-legaleagle1 also begin your question with “For LegalEagle1”
_________________________________________________________________
Use of this service does not create any attorney client relationship. Information provided is intended to explain general legal principles and assist you in finding an attorney in your area.

Please click "Great" or better to rate service.
Customer: replied 1 year ago.


Alright thank you. I am stressing and I don't even have a court date yet

Expert:  LegalEagle1 replied 1 year ago.
That is very common. Please come back with any additional questions.
Customer: replied 1 year ago.


I do have one more what are the chances that detective will have to cometo the court date? I really don't want him there

Expert:  LegalEagle1 replied 1 year ago.
That varies from jurisdiction to jurisdiction. He most likely will not be there for your initial appearance. If the matter is ultimately set for trial, he would have appear to testify.


I hope that I have answered your question. Please let me know if you have more questions or need more information.

_________________________________________________________________
Please rate my answers with a positive rating (three or more stars) as this is the only way I receive credit and compensation for my work. If you have additional questions or need more information, please ask.

My goal is to provide with best assistance that I can. Please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also keep in mind that the law may not always be settled or may not support the position you want. My role is not to tell you what you want to hear. but to provide you accurate information as to what the law provides. Please do not rate me poorly just because the information I have provided does not support the outcome you desire.

You can always request me through my profile at http://www.justanswer.com/law/expert-legaleagle1 also begin your question with “For LegalEagle1”
_________________________________________________________________
Use of this service does not create any attorney client relationship. Information provided is intended to explain general legal principles and assist you in finding an attorney in your area.

Please click "Great" or better to rate service.
Customer: replied 1 year ago.


Can the police see the charges of obstruction when I get pulled over? just wondering because I got pulled over like three or four times since I got charged on may 2nd

Expert:  LegalEagle1 replied 1 year ago.
The police most likely will run your record prior to approaching your vehicle anytime that you are stopped. You can through a Freedom Of Information Act (FOIA) request ask for the computer records related to any time your were stopped or any time the police agency has run your record. Please keep in mind doing so, may draw additional attention to yourself.

I hope that I have answered your question. Please let me know if you have more questions or need more information.

_________________________________________________________________
Please rate my answers with a positive rating (three or more stars) as this is the only way I receive credit and compensation for my work. If you have additional questions or need more information, please ask.

My goal is to provide with best assistance that I can. Please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also keep in mind that the law may not always be settled or may not support the position you want. My role is not to tell you what you want to hear. but to provide you accurate information as to what the law provides. Please do not rate me poorly just because the information I have provided does not support the outcome you desire.

You can always request me through my profile at http://www.justanswer.com/law/expert-legaleagle1 also begin your question with “For LegalEagle1”
_________________________________________________________________
Use of this service does not create any attorney client relationship. Information provided is intended to explain general legal principles and assist you in finding an attorney in your area.

Please click "Great" or better to rate service.

Customer: replied 1 year ago.


obstruction statue of limitations is 90 days in wi right?

Expert:  LegalEagle1 replied 1 year ago.
No, that is not correct.

The statute of limitations in Wisconsin for most misdemeanors, including violations of §946.41, is 3 years.

http://statutes.laws.com/wisconsin/939/939.74

Your right to a speedy trial is 60 days in Wisconsin. This may be what you're thinking about.

http://statutes.laws.com/wisconsin/971/971.10

I hope that I have answered your question. Please let me know if you have more questions or need more information.

_________________________________________________________________
Please rate my answers with a positive rating (three or more stars) as this is the only way I receive credit and compensation for my work. If you have additional questions or need more information, please ask.

My goal is to provide with best assistance that I can. Please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also keep in mind that the law may not always be settled or may not support the position you want. My role is not to tell you what you want to hear. but to provide you accurate information as to what the law provides. Please do not rate me poorly just because the information I have provided does not support the outcome you desire.

You can always request me through my profile at http://www.justanswer.com/law/expert-legaleagle1 also begin your question with “For LegalEagle1”
_________________________________________________________________
Use of this service does not create any attorney client relationship. Information provided is intended to explain general legal principles and assist you in finding an attorney in your area.

Please click "Great" or better to rate service.
Customer: replied 1 year ago.


alright thanks

Expert:  LegalEagle1 replied 1 year ago.
You're welcome and good luck

I hope that I have answered your question. Please let me know if you have more questions or need more information.

_________________________________________________________________
Please rate my answers with a positive rating (three or more stars) as this is the only way I receive credit and compensation for my work. If you have additional questions or need more information, please ask.

My goal is to provide with best assistance that I can. Please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. 

Also keep in mind that the law may not always be settled or may not support the position you want. My role is not to tell you what you want to hear. but to provide you accurate information as to what the law provides. Please do not rate me poorly just because the information I have provided does not support the outcome you desire.

You can always request me through my profile at http://www.justanswer.com/law/expert-legaleagle1 also begin your question with “For LegalEagle1”
_________________________________________________________________
Use of this service does not create any attorney client relationship. Information provided is intended to explain general legal principles and assist you in finding an attorney in your area.

Please click "Great" or better to rate service.

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