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Questions about Obstruction of Justice

Obstruction of Justice includes statutes 18 U.S.C. §§ 1501, 1503, 1505, 1510-1513, and 1516-1520. Any interference with the work of government officials falling under the cadre of investigators, police, prosecutors, regulatory agencies or any other government official in the United States jurisdiction is commonly referred to as Obstruction of Justice.

Below are some of the top questions answered by Experts on Obstruction of Justice.

Is it Obstruction of Justice, if NCGS § 14-221.2 is violated?

It is likely that violating NCGS (North Carolina General Statutes) § 14-221.2- Altering court documents or entering unauthorized judgment is violated; could be Obstruction of Justice. Obstruction of Justice consists of any act that prevents, impedes or obstructs public or legal justice.

How do I go about filing an Obstruction of Justice charge against someone in Virginia?

In Virginia, Obstruction of Justice charges can be filed only by the District Attorney. Police report is submitted to the District Attorney by the police for public prosecution against filing a report.

What attorney should be contacted when Obstruction of Justice crime is committed by federal government officials?

A federal officer committing Obstruction of Justice crime in the course of their duties is regarded as government official corruption and this usually falls under the jurisdictions of the FBI, which is prosecuted by the U.S. Department of Justice.

What is the punishment for resisting arrest and Obstruction of Justice in Virginia?

Class 1 Misdemeanors in Virginia are resisting an arrest and Obstruction of Justice. The misdemeanors may be subjected to a fine of $2500 and confinement of jail for up to twelve months or either. However, since the above mentioned are the maximum punishments, based on the situation, the judge has discretion at his/ her end and may impose probation only or impose jail for a shorter duration followed by probation. Probation may be either reporting or non-reporting probation with counseling being imposed and no use of illegal drugs and no drinking which includes random testing.

Can Obstruction of Justice be filed against a Judge in a civil suit?

Depending on the situation at hand, more than likely an Obstruction of Justice cannot be filed against a Judge in a civil suit.

An Obstruction of Justice was charged against my child and was given a summons with a court date. We want to try and claim that my child was hospitalized after the offense and was not in a stable mind. Can the charge be waived in this condition?

It is likely that the Obstruction of Justice charge against your child will be waived. An attorney on behalf of your child is required to appear on in the court with all the documents that mention that your child was hospitalized. The matter may be dismissed provided the attorney speaks to the district attorney before the court date or the matter may be put on a STET docket. This means though the matter will be alive and active in the court, but if there are no future incidents for a period of up to a year or 18 months, these matters would not be pursued and then could be dropped. However, there are possible chances of this charge resurrection if the rehab is not completed and the child has a history of other charges or incidents.

If an attorney purposely alters documents for changing the outcome of a case, what is the violation?

When an attorney purposely changes or alters documents related to the crime to change the outcome of a case, the attorney could be charged under fraud, tampering with evidence and possibly Obstruction of Justice.

Is there any statute in Florida restricting a policing agency from Obstruction of Justice investigation involving police officers in their own department?

There is no statute that prevents investigation of its own department officers with regard to the Obstruction of Justice. However, such complaints are usually handled by internal affairs. However under certain situations because of political or public pressure, the investigation by the internal affairs is handed to a federal agency or State Attorney General’s Office.

In general, crimes that are committed by prosecutors, judges, or attorney generals are also included in the Obstruction of Justice, but in many of the cases it is commonly seen that Obstruction of Justice is prosecuted as a crime due to prosecutorial discretion by any person who is a non government official. Obstruction of Justice by a government official or court personnel is usually ignoring and not taking appropriate action in the office conduct.

Many times when faced with an Obstruction of Justice situation, Expert opinions may point you in the right direction.
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