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Chicago Obstruction of Justice Charges Lawyers
Chicago Obstruction of Justice Charges Lawyers
So, you or someone you know has been charged with obstruction of justice in Chicago. First off, take a deep breath. This is a serious situation, but you’re not alone. Obstruction of justice is a complex charge that can take many forms, and navigating the legal system can feel overwhelming. But don’t worry, we’re here to break it down for you and provide some practical guidance on what to do next.
What Exactly is Obstruction of Justice?
Obstruction of justice is a broad term that covers any attempt to interfere with the judicial process. This can include things like:
- Lying to investigators
- Destroying evidence
- Tampering with witnesses
- Concealing material relevant to a prosecution
In Illinois, obstruction of justice is covered under the Illinois Compiled Statutes (ILCS) 720 ILCS 5/31-4. Under this law, a person commits obstruction of justice when they knowingly do one of the following with the intent to prevent the apprehension or obstruct the prosecution of another person:
- Destroy, alter, conceal or disguise physical evidence, plant false evidence, furnish false information; or
- Induce a witness having knowledge material to the subject at issue to leave the State or conceal himself; or
- Possess knowledge material to the subject at issue, leave the State or conceal himself.2
Federal vs State Charges
It’s important to note that obstruction of justice can be charged at both the state and federal level. Federal statutes on obstruction are primarily found in Title 18 of the United States Code. Some key federal statutes include:
- 18 U.S.C. § 1503: Influencing or injuring an officer, juror, or witness in judicial proceedings
- 18 U.S.C. § 1512: Tampering with a witness, victim, or informant
- 18 U.S.C. § 1519: Destruction, alteration, or falsification of records in federal investigations2
So what’s the difference between federal and state charges? Well, federal laws generally have a broader scope and can apply to cases that cross state lines or involve federal officials. Federal penalties also tend to be more severe, with longer prison sentences and larger fines.2
Penalties for Obstruction of Justice
Speaking of penalties, let‘s talk about what you could be facing if convicted of obstruction of justice. In Illinois, obstruction is typically a Class 4 felony, which carries a potential sentence of 1-3 years in prison and fines up to $25,000.2At the federal level, penalties can be even more severe. Tampering with a witness, victim, or informant can lead to up to 20 years in prison. And fines are determined by federal sentencing guidelines, which take into account factors like criminal history and the severity of the offense.2
Possible Defenses
Okay, so those penalties are pretty scary. But don’t lose hope just yet. There are several possible defenses that a skilled attorney may be able to use in your case, depending on the specific circumstances. Some common defenses include:
- Lack of Intent: The prosecution must prove that you had the specific intent to obstruct justice. If your actions were unintentional or there’s insufficient evidence of your intent, this could be a viable defense.2
- Insufficient Evidence: If the prosecution’s evidence is weak or fails to prove the elements of the crime, your attorney may be able to get the charges dismissed or win an acquittal at trial.
- Misinterpretation: Sometimes, actions can be misunderstood or taken out of context. Providing an alternative explanation for your conduct may help your case.
- First Amendment: In some cases, attorneys may argue that your actions were protected free speech under the First Amendment. However, this is a complex area of law and such a defense is an uphill battle.2
What to Do If You’re Charged
If you find yourself facing obstruction of justice charges, the most important thing you can do is exercise your right to remain silent and contact an experienced criminal defense attorney immediately. Obstruction charges are serious, and you need a skilled legal advocate in your corner.Your attorney will be able to review the specific details of your case, explain your options, and start building your defense. They can also handle communications with investigators and prosecutors on your behalf, ensuring that your rights are protected throughout the process.
Choosing the Right Attorney
When it comes to criminal charges, not just any attorney will do. You need someone with specific experience handling obstruction of justice cases and a track record of success. Look for an attorney who:
- Has handled obstruction cases at the state and/or federal level, depending on your charges
- Is familiar with the local court system and has a good reputation with judges and prosecutors
- Takes the time to listen to your side of the story and explains things in a way you can understand
- Is responsive to your calls and emails and keeps you updated on the status of your case
- Makes you feel confident and at ease
At our firm, we pride ourselves on checking all of those boxes and more. Our team of Chicago obstruction of justice attorneys has decades of combined experience and a proven record of positive results for our clients. We understand what you’re going through, and we’re here to help.
Case Studies
To give you a better idea of what we do, here are a few examples of obstruction of justice cases we’ve handled for our clients:
Case Study 1: The Accidental Witness
Our client, let‘s call him John, was a witness to a serious crime. When the police came to question John, he panicked and made some statements that weren’t entirely true, downplaying his knowledge of the incident. John was later charged with obstruction of justice for providing false information.We were able to argue that John lacked the intent to obstruct, as his false statements were made out of fear and confusion in a high-stress situation. We presented evidence of John‘s character and community ties, and negotiated with prosecutors for a favorable plea deal that kept him out of jail.
Case Study 2: The Mistaken Identity
Our client, Lisa, was charged with concealing evidence in a federal investigation. The problem? Lisa had been mistakenly identified by a witness, and had no involvement in the alleged crime whatsoever.Through diligent investigation and skilled cross-examination, we were able to poke holes in the prosecution‘s case and raise serious doubts about the witness‘s identification. Ultimately, we got the charges against Lisa dismissed completely.
Case Study 3: The Pressured Plea
Tom, our client, was facing federal obstruction charges for allegedly tampering with a witness. The prosecution had offered Tom a plea deal, but it included significant prison time. Tom was adamant about his innocence but was feeling pressured to take the deal.We thoroughly reviewed the evidence and found that the prosecution’s case was based largely on the testimony of one unreliable witness. We filed motions challenging the admissibility of this testimony and arguing that Tom’s constitutional rights had been violated.Faced with a weakened case, the prosecution agreed to a much more favorable plea deal that included no jail time. Tom was able to move on with his life without the stain of a felony conviction.