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Obstructing of Justice Attorney in Miami
Obstructing of justice charges in Miami can have serious, life-changing consequences if convicted. Understanding Miami obstruction of justice laws is essential in beating or minimizing these charges. To improve your chances of protecting your future, hiring a Miami obstruction of justice lawyer is crucial.
Hire an Obstruction of Justice Lawyer Who Understands the Laws
The Law Office of Ramon de la Cabada, P.A., is well-versed in Florida’s state obstruction of justice or resisting arrest laws. In fact, we have been familiarizing ourselves with criminal law and regulatory investigation for over three decades. Mr. de la Cabada, P.A., has extensive experience in prosecution and is well-versed in criminal law.
What Is Obstructing of Justice?
Florida clearly establishes the offense of obstructing an investigation, also known as obstructing justice. Florida Statute 843.02 defines obstructing an investigation as resisting or opposing an officer of the law or any individual carrying out a legal process or duty. Florida Statute 914.22 further defines obstruction as harassing victims, witnesses, or case informants or tampering with evidence in state legal proceedings.
Miami-Dade has its own penalties for obstruction. Ord. No. 58-5, § 21.06, 2-18-58 states that obstructing the job performance of a police officer or firefighter can incur penalties of up to 60 days in jail and fines of up to $500, or both.
Examples of Obstructing of Justice Cases
Obstruction charges can lead to convictions ranging from first-degree misdemeanors to third-degree felonies. Common criminal acts that result in obstruction of justice charges in Miami include the following:
- Falsifying information to the police
- Destroying potential evidence
- Intimidating witnesses
- Interfering with the duties of law enforcement officers
- Failing to adhere to court orders or answer a subpoena
- Impersonating someone else in a police investigation or failing to give your true identity
- Resisting arrest
- Behaving belligerently in response to police instructions
- Refusing to provide information at a traffic stop or refusing to obey police commands at a traffic stop
Consequences of an Obstruction conviction in Miami
Fines, probation, community service, and imprisonment are the most common sentences associated with these convictions. The worst-case scenario for first-time offenders is a five-year prison sentence and up to $5,000 in fines if it is a third-degree felony. A first-degree misdemeanor can still result in up to one year of confinement and fines of up to $1,000. If you have additional charges or prior convictions, the penalties can be even more severe.
As horrible as that all may sound, arguably, the worst consequence of all is the mark on your permanent record. Having a criminal record can have long-lasting effects on your professional career, your family life, housing opportunities, and other vital areas of everyday life. For immigrants, it can even impact your eligibility for citizenship.
Special Circumstances of Miami Obstruction Charges
The Miami-Dade State Prosecutor’s Office, officially known as the Office of State Attorney Katherine Fernandez Rundle, prosecutes thousands of individuals each year. In 2024, they reported filing prosecutions on over 10,000 felony cases. If that’s not enough to scare you, consider the fact that they convicted 79% of those defendants due to their aggressive prosecution approach.
If you want to have any chance at being part of the 21% who potentially don’t get convicted this year, you should employ an obstruction of justice attorney. Furthermore, you should hire an obstruction of justice lawyer who can match and surpass the level of skilled defense at the state prosecutor’s office.
Why Choose Us?
Our firm takes the criminal charges of our clients and their legal matters very seriously. We know what’s at stake. This commitment to protecting the rights of our clients, coupled with the hundreds of trial cases we have participated in, gives you a head start in your defense. Don’t underestimate the courts. They are just as serious as we are, and our Miami criminal defense lawyer has what it takes to match the prosecution.
FAQs
What Is Considered Obstruction in Florida?
In Florida, obstruction refers to the act of willingly or knowingly interfering with law enforcement, the court, or other governmental institution or agency as they carry out their duties. Legal processes can include resisting arrest and refusing to comply with police orders. Tampering with evidence, impersonating an officer, or intimidating witnesses.
Obstructing investigation charges can carry severe penalties. If you’ve been charged with obstruction, contact a Florida obstruction investigation lawyer to discuss a defense strategy for your case.
Is Lying to the Police Obstruction of Justice?
Yes, lying to police is considered obstructing an investigation or obstruction of justice. However, merely lying to a police officer is technically not a crime unless the lie is made amid an official investigation, and your statement impedes that investigation.
Examples of lies made to police that can lead to criminal charges include falsifying a police report, giving false testimony, or providing a false response when questioned about a current investigation, a criminal act, or a legal process.
Is Obstruction a Physical Act in Florida?
It can be but is not a requirement. There does not have to be any physical or violent action taken for someone to be charged with obstruction in Florida. The law states that obstructing is any act of interfering with or impeding the job duties of a law enforcement officer. This can occur through verbal interference or acts that are not directly observed, such as destroying evidence or fleeing the scene of a crime.
Can You Be Charged With Obstruction in Florida for Walking Away?
Yes, you can be charged with obstruction in Florida for walking away. Individuals involved in police altercations do have the right to remain silent, but they do not have the right to walk away from an officer while they are performing their lawful job duties. Even if you are not using violence, if you do not obey police orders or refuse to comply with their investigation, you could be arrested for obstruction. There are many potential defenses many of which center around whether the officer was in the act of performing a legal duty.
Is Not Answering a Police Officer Obstruction?
No, it’s not illegal not to answer a police officer, and ignoring a cop does not automatically get you obstruction charges. However, you are required to identify yourself to law enforcement officers in certain situations, such as a traffic stop. Thus, if you refuse to identify yourself, you could be arrested for obstruction.
While you are required to inform the police officer of who you are, simply handing your ID to the police officer, technically, would suffice in most circumstances.
Call a Qualified Miami Obstructing of Justice Lawyer
When you can’t afford to take chances on your freedom, you need the Law Office of Ramon de la Cabada, P.A. Contact our legal team to discuss your case.
