Obstruction of Justice

Obstruction of justice is one of the most overcharged crimes in the entire criminal code. We have seen dozens of cases that should never have escalated to the situation where a person is cited or even arrested. Although there are cases where an arrest or citation was proper, the fact of the matter is that police officers have a great deal of power when they are out on the streets, and many use their power in the wrong way. Abuse of police power is a common cause for an obstruction arrest, but many times when the case goes to court it will be the police officer’s word against your word. The odds are stacked against defendants in these types of cases, and it is important to fight back with an aggressive lawyer who knows how to handle the justice system. The Herbst Firm is standing by for a free consultation about your charge, and we are not afraid to take a stand against cops unlawfully who abuse their power. If you or someone you know has been ticketed or arrested for obstruction of justice contact the firm today.

There are a variety of actions or behaviors that can cause an officer to make an arrest for obstruction. The basic legal definition is a threat, an act of force, or an act of corrupt means that impedes or prevents the administration of justice. This crime can take place out on the street, in the police station, or even inside of a courtroom. It is a misdemeanor under state law, but the maximum punishment of 5 years in jail and a $10,000 fine is relatively high. There are many ways to defend these types of cases including filing motions to dismiss or even requesting a jury trial. Motions to dismiss may be filed if an officer was not acting within his lawful duty or if an officer provokes the defendant in some way. Trial is also an alternative in these types of cases because jurors are often sympathetic to the public, and understand that police can abuse their power. We are committed to exploring every possible option in your case regardless of how difficult the fight may be.

The definition of obstruction of justice under Maryland law is quite general, and this frequently leads to a person being unlawfully charged. A cop cannot simply charge someone with this crime for not listening or speaking with him or her. In many situations you are not legally required to give information to a police officer, and you are rarely required to assist them in any manner. Cops do not own the public, and they are not our bosses, but there are many situations where an officer may take uncooperative behavior personally. The result is too many times an arrest or a citation that should have been avoided. Obstruction is also commonly used as an add charge to trump up an arrest, and make a defendant look worse in front of a judge. Do not let police get away with this! Contact Benjamin Herbst to set up an in person or phone consultation to discuss the best ways to handle your defense.

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