Obstruction of Justice Attorney in Miami, FL

Whether you or a loved one has been arrested or is under investigation for obstruction of justice, it is critical to consult with an experienced Miami obstruction of justice attorney as soon as possible to ensure that your rights are protected. An experienced federal crimes lawyer can help you navigate the process and help maximize your chances of achieving a favorable outcome.

What Constitutes Obstruction of Justice?

In essence, the definition of obstruction of justice is when someone tries to thwart the execution of a legal process or the administration of justice in a criminal or civil case. A person can be charged with obstruction of justice if they obstruct or interfere with a government investigation or prosecution at any stage. Prosecutors and judges treat this as a serious crime because it can threaten the very integrity of the criminal justice system.

People who willfully or knowingly interfere with investigations or judicial proceedings are the most likely to be charged with obstruction of justice under federal law. You have probably heard the saying that “the cover-up can be worse than the crime.” In federal criminal cases, this can often be the case if the government is accusing you of tampering with witnesses or destroying evidence. It should be noted that attempted obstruction of justice carries heavy penalties that include fines and jail time.

Florida also has separate laws against tampering with a witness or evidence. If you are facing state charges, those laws have different requirements and penalties from the federal offenses discussed here.

Obstruction of Justice Examples

Various federal statutes cover different types of obstruction of justice. Here are some obstruction of justice examples:

  • using bribery to try to prevent someone from giving a federal criminal investigator information about a federal crime (18 U.S.C. § 1510(a));
  • trying to influence or hurt a court officer or juror (18 U.S.C. §§ 1503, 1504);
  • attempting to influence, intimidate, manipulate, or retaliate against, a victim, witness, or informant (18 U.S.C. §§ 1512, 1513);
  • using threats or force to willfully interfere, or attempt to interfere, with rights or duties under a federal court order (18 U.S.C. § 1509);
  • resisting or obstructing an extradition agent (18 U.S.C. § 1502);
  • interfering or obstructing a department, agency, or committee proceeding (18 U.S.C. § 1505);
  • altering or stealing court records or investigation records (18 U.S.C. §§ 1506, 1519);
  • obstructing a criminal health care investigation (18 U.S.C. § 1518);
  • obstructing a federal audit (18 U.S.C. § 1516);
  • obstructing a financial institution examination (18 U.S.C. § 1517);
  • eavesdropping on federal grand jury proceedings (18 U.S.C. § 1508);
  • interfering or obstructing a federal process or writ server (18 U.S.C. § 1501); or
  • picketing or demonstrating near a federal courthouse, or a building or residence used by a judge, juror, witness, or court officer, with the intent to obstruct justice or influence the performance of official duties (18 U.S.C. § 1507).

An obstruction charge requires proof of every element of the specific offense beyond a reasonable doubt. The deadline for bringing charges also matters. The general federal limitation period for noncapital offenses is five years under 18 U.S.C. § 3282, although exceptions and rules that pause or extend the deadline may apply.

Knowingly and willfully making a materially false statement to federal investigators can also lead to a separate charge for making false statements under 18 U.S.C. § 1001.

Possible Penalty for Obstruction of Justice Charge

The penalty for federal obstruction of justice depends on the statute charged and the facts of the case. Under 18 U.S.C. § 1503, the ordinary maximum is ten years in prison, but certain offenses carry higher penalties. Section 1505 generally allows up to five years, or eight years if the offense involves terrorism.

Some offenses carry a twenty-year maximum even without violence. These include certain witness-tampering offenses under § 1512(b) and destroying or falsifying records to obstruct a federal matter under § 1519. Certain offenses involving physical force or attempted murder under § 1512(a) carry up to thirty years. Offenses involving a killing, or certain conduct connected to a criminal trial, can carry still higher penalties.

A conviction may also result in a fine and supervised release after imprisonment.

Defenses to Obstruction of Justice

The available defenses depend on the statute charged. They may include insufficient proof that you committed the alleged act, lack of the knowledge or intent the statute requires, or failure to establish the required connection to a federal investigation or proceeding.

An investigation or proceeding does not always have to be underway when the alleged conduct occurs. Lack of knowledge of an existing investigation is therefore not a defense in every case.

Contact an Experienced Obstruction of Justice Attorney in Miami

By taking the immediate action of hiring an experienced obstruction of justice attorney in Miami, you are reducing the chances that your case will result in long-term consequences for your career, personal life, and reputation.

CALL US NOW for a CONFIDENTIAL CONSULTATION at (305) 538-4545, or simply take a moment to fill out our confidential and secure intake form.* The additional details you provide will greatly assist us in responding to your inquiry.

FILL OUT INTAKE FORM

*Due to the large number of people who contact us requesting our assistance, it is strongly suggested that you take the time to provide us with specific details regarding your case by filling out our confidential and secure intake form. The additional details you provide will greatly assist us in responding to your inquiry in a timely and appropriate manner.

IF YOU ARE MAKING A DECISION ON HIRING A LAWYER, ALWAYS INVESTIGATE AN ATTORNEY’S QUALIFICATIONS TO ENSURE THEY HAVE THE EXPERIENCE AND QUALIFICATIONS TO DEFEND YOU PROPERLY.