What Is Considered Obstruction of the Legal Process in MN?
6 months ago by Justin M. Schiks
During the criminal justice system, there are certain actions that can be classified as obstruction of the legal process. In the state of Minnesota, obstruction of the legal process refers to any act that interferes with the administration of justice or hinders law enforcement in the execution of their duties.
Understanding what constitutes obstruction of the legal process is important, as it can have serious legal consequences. If you are facing these charges, immediately seek help from a Woodbury, MN, criminal defense attorney.
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Understanding the Definition: What Constitutes Obstruction of the Legal Process in Minnesota?
The most common types of obstruction include resisting arrest or obstructing a peace officer, tampering with evidence, interfering with a witness or victim, and refusing to comply with a lawful order from a law enforcement officer.
Types and Examples
- Resisting Arrest or Obstructing a Peace Officer: This involves any intentional act or behavior that impedes or obstructs a peace officer from carrying out their lawful duties. Examples of this type of obstruction include physically resisting arrest, running away from a law enforcement officer who is trying to detain you, or even verbally threatening or intimidating an officer.
- Tampering with Evidence: Tampering with evidence involves altering, destroying, concealing, or removing evidence with the intent to interfere with a criminal investigation or court proceedings. This can include actions such as disposing of drugs or weapons, manipulating documents, or convincing witnesses to change their testimony.
- Interfering with a Witness or Victim: Interfering with a witness or victim can take many forms, including threats, intimidation, or other actions intended to influence their testimony or prevent them from participating in the legal process. This can include attempts to bribe or coerce a witness, as well as actions aimed at preventing a victim from reporting a crime or cooperating with law enforcement.
- Refusing to Comply with a Lawful Order: Refusing to comply with a lawful order from a law enforcement officer can be considered obstruction of the legal process. This can include situations where an individual refuses to provide identification, refuses to be questioned by an officer, or fails to follow instructions during an arrest or detainment.
Lying Under Oath
Another common form of obstruction of the legal process is lying under oath or providing false information during a legal proceeding. When testifying under oath, whether in court or during a deposition, you must provide truthful and accurate information. Knowingly giving false information can not only be considered perjury but can also be classified as obstruction of justice.
Legal Consequences of Obstruction of Justice
The penalties for obstruction can vary depending on the specific circumstances of the case and the severity of the obstruction. In general, obstruction of the legal process is considered a misdemeanor offense, punishable by up to 90 days in jail and fines of up to $1,000. However, if the obstruction involves physical force or the threat of force against a peace officer, the offense can be elevated to a gross misdemeanor or felony, leading to more severe penalties, including imprisonment for up to several years.
Searching for a Minnesota Criminal Defense Attorney?
The team of skilled St. Paul criminal defense attorneys at JS Defense has extensive experience handling obstruction of the legal process cases. We will fight tirelessly to protect your rights and secure the best possible outcome. For a free legal consultation, reach out to set up an appointment with us now.
JUSTIN M. SCHIKS
Award-winning criminal defense attorney with a proven track record of dismissals, acquittals, and positive resolutions for his clients. For over a decade, Justin has dedicated himself to criminal and DWI defense. He has advocated for individuals through every step of a case, from pre-charge representation through pretrial hearings and trials.