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OBSTRUCTION OF JUSTICE CHARGES IN CALIFORNIA

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Section 148 of the California Penal Code makes it a crime to 
willfully "resist, delay or obstruct" a police officer or 
emergency medical technician in the performance of on-the-job 
duties. This also includes knowingly and maliciously 
interrupting or impeding with the transmission of communication 
through a public safety radio frequency. In both cases, you 
could be fined up to $1,000 and sent to county jail for up to 
one year if you are convicted. You will also have to live with a 
criminal record.

The state legal system is set up to give police officers the 
ability to carry out their functions with minimal interference, 
and you will face arrest and prosecution if you are perceived to 
be interfering with the operation of law. In fact, you could be 
charged with the crime of obstructing justice for doing 
virtually anything that constitutes an attempt to prevent a 
police officer from performing their duties. Do not discuss your 
case with investigators before you meet with a Los Angeles 
criminal defense lawyer.

In California, you could be prosecuted for obstructing justice 
if you:

Lie to a police officer during an investigation
Provide a police officer with misleading information
*****************************************************
Try to prevent an arrest (your own or someone else's)
*****************************************************
Attempt to bar the free passage of a police officer
Offer or prepare false evidence in court proceedings
Destroy or attempt to conceal material evidence
Dissuade a witness or prevent them from testifying.

OFFERING OR PREPARING FALSE EVIDENCE
Under California Penal Code Sections 132 and 134, it is a crime 
to knowingly present false written evidence during any kind of 
legal proceeding and/or prepare false evidence with the intent 
to use it in a legal proceeding. Both of these offenses are 
considered to be an obstruction of justice and could lead to 
serious legal penalties if you are convicted. Offering or 
preparing false evidence is a felony offense in the state, which 
means that you could be sentenced to as much as three years in 
state prison.

DESTROYING OR CONCEALING EVIDENCE
Under California Penal Code Section 135, it is also a crime to 
knowingly destroy or conceal material evidence that is relevant 
to a court case or legal investigation. Most people assume that 
this is only relevant in criminal cases, but this is not 
necessarily true. You could still be charged with obstruction of 
justice if you knowingly destroy or conceal evidence that is 
relevant to non-criminal court proceedings—which could include, 
for example, destroying evidence in a divorce case or civil 
litigation case.

PREVENTING A WITNESS FROM TESTIFYING
Under California Penal Code Section 136.1, it is a crime to 
knowingly prevent a witness or the victim of a crime from 
testifying in court or even reporting the crime to the 
authorities. This could include making direct threats against 
the witness and/or members of their family, offering money in 
exchange for their silence or even leaving covert messages 
indicating that the witness could be harmed if they attempt to 
testify or report the crime. This offense could either be 
charged as a misdemeanor or felony.
                              

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OBSTRUCTION OF JUSTICE CHARGES IN CALIFORNIA "#metoo" <metoo@cnn.com> - 2019-08-11 08:06 +0200

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