OBSTRUCTION OF JUSTICE CHARGES IN CALIFORNIA

[#metoo]

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
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Try to prevent an arrest (your own or someone else's)
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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.