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I was arrested for Obstruction of Justice and Assult. The…

I was arrested for Obstruction...
I was arrested for Obstruction of Justice and Assult. The scenario is this: I work for a construction company and we were staying at a motel. Me and some of my coworkers went to Taco Bell for Dinner. Upon returning i was still hungry and walked to KFC, which is next to our motel. While inside, my coworker started a verbal conflict with two subjects in a chevy truck in the KFC drivethrough. When i exited the building the subjects pulled up to the window and payed for their meal. Then they proceeded to pull over and park at our motel at the other end of the parking lot(roughly 100 feet away). They got out of their vehicle and proceeded to walk towards my coworker(he was sitting on my tailgate). The subjects were both shirtless. My coworker then proceeded to walk towards them. I walked behind him as he approached, and i didnt say anything to the subjects. Nobody got within 30 feet of eachother and law enforcement showed up. an officer approached me and flipped me around and cuffed me on grounds of Obstructing justice. I was cooperative but not given a chance to tell "my side of the story." Later the officer said i was being charged with assult on grounds that the other guys were "threatened" by my presence. I spent about 15 hours in county jail and am embarresed and upset. What to do?
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Answered in 4 minutes by:
7/4/2010
DCrane Law
DCrane Law, Lawyer
Category: Criminal Law
Satisfied Customers: 25,285
Experience: Attorney
Verified
Thank you for the post, did you interfere in the police officers' attempts to determine what had occurred? Were the officers' witnesses to the "confrontation?"
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Customer reply replied 7 years ago
No, I believe i was the first person confronted by the police. No, the police did not witness, except for maybe they saw our positions in the parking lot at the time of their arrival.
Thank you, ***** ***** an interference with the administration of justice, which is why the charge is usually levied against one whom impedes an investigation or otherwise interferes with police business. From your description, there is no basis to sustain that charge based on this instance. In any event, what you need to do is retain counsel to get the case dismissed.
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Customer reply replied 7 years ago
what about the assult charge?
The notion of an assault, in the criminal context, requires threatening another person's safety with the ability to carry out that threat. Why were you and your co-worker walking towards the men? More importantly, why did you decide to walk towards them? Was anything said between you all as you approached each other?
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Customer reply replied 7 years ago
I was going to try and keep a physical conflict happening on behalf of my coworker. I said nothing to the other men, but asked my coworker several times what was going on without an answer from him. Those two men were obviously not threated by anyone. They were both very built stout men with their shirts off. I forgot to mention that one of the mens wife was driving the truck and called the cops before she parked in front of the motel. So they got out of the truck knowing the police were going to come.
Thank you, ***** ***** words were exchanged or threatening movements/gestures made, merely walking towards a person or persons is not an assault. What likely happened is that the wife called the police sounding afraid and explained that you two were going to assault her husband and his friend, the officers then arrived and made the arrest after witnessing what appeared to be an impending fight.You should be able to get this charge dropped as well.
DCrane Law
DCrane Law, Lawyer
Category: Criminal Law
Satisfied Customers: 25,285
Experience: Attorney
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