CR 9-306: Obstruction of Justice

Obstruction of justice charges can apply to a variety of conduct, and therefore it has a broad definition.  Maryland Criminal Code section 9-306 prohibits a person from trying to obstruct or impede the administration of justice in a court of the State.  Obstruction of justice charges apply to legal proceedings and should not be confused with obstruction or hindering charges, which cover police investigations and other official business that occurs before a case is brought to court.  The most common type of obstruction of justice scenario is when a person is accused of trying in influence a witness to not testify or to give dishonest testimony.  There are many other scenarios of obstruction cases, which can sometimes overlap with other charges such as tampering with evidence and intimidating or corrupting a juror under 9-305 of the Criminal Code.   A sentence for obstruction of justice can be consecutive to sentence for the act that is the basis for obstruction.  This means a person can be sentenced for witness intimidation and obstruction of justice due to the witness intimidation.
 
Pressuring a witness to not testify is a classic example of obstruction of justice and would also fall under the crime of witness intimidation.  Offering money or other consideration to a witness in exchange for not testifying or testifying in a specific way would be classified as obstruction but not necessarily witness intimidation.  We have seen obstruction cases charged where a person attempts to hide court notices or mislead a potential witness about a court appearance.  Making false statements to the State during the course of a prosecution could also be considered obstruction.  The broad definition results in a host of conduct that could potentially be the basis of a charge. 
 
Witness intimidation under 9-305 is a related offense and is often charged with obstruction of justice.  The actual statute is called intimidating or corrupting a juror, but the language of the law includes all witnesses and even police and prosecutors.  Witness intimidation is a serious offense under Maryland law and can carry up to 20 years in prison if the underlying case is a crime of violence or other listed felony.  Witness tampering in a non-violent case still carries a high 10-year maximum penalty.  Tampering with evidence under Maryland Criminal Code section 9-307 is a somewhat common offense that carries up to 3 years in prison upon conviction.  This statute covers destroying, hiding or altering evidence in a current court case or in an investigation that may result in a case.  Tampering with evidence that is part of an open case will likely result in obstruction charges as well.
 
Obstruction of justice is one of those charges that prosecutors and judges hate for obvious reasons.  They will take these interfering with “their” justice system personally, and therefore any defendant must be prepared with a strong strategy of defense.  Obstruction cases often come down to one person’s word against another unless of course there are written or documented threats or intimidation.  A good lawyer will be able to argue lack of proof beyond a reasonable doubt in cases where witness testimony is the only evidence.  There are also times where obstruction cases can be exaggerated or even fabricated, and a strong defense should be able to prevent these cases from being prosecuted.
 
Obstruction of justice carries a maximum penalty of up to 5 years in prison and a possible $10,000 fine upon conviction.  It is considered a misdemeanor under Maryland law.
 
Benjamin Herbst is a criminal defense attorney who has successfully represented hundreds of clients in criminal cases throughout the state of Maryland.  He specializes in obstruction of justice charges and is available 7 days per week to discuss your case.  Benjamin also has extensive experience with tampering and witness intimidation cases.  Call Benjamin anytime at 410-207-2598 to discuss.