Minneapolis Obstruction of Legal Process Lawyer
OBSTRUCTION OF LEGAL PROCESS is a serious crime in the State of Minnesota. If you, or someone you know is charged with a crime, please call Minnesota criminal defense lawyer Barry McKee for a FREE CONSULTATION.
What is Obstruction of Legal Process?
Minnesota Statutes 609.50 Subdivision 1 defines Obstruction of Legal Process this way:
Whoever does any of the following may be guilty of obstruction of legal process:
(1) obstructs, hinders, or prevents the lawful execution of any legal process, civil or criminal, or apprehension of another on a charge or conviction of a criminal offense;
(2) obstructs, resists, or interferes with a peace officer while the officer is engaged in the performance of official duties;
(3) interferes with or obstructs a firefighter while the firefighter is engaged in the performance of official duties;
(4) interferes with or obstructs a member of an ambulance service personnel crew attempting to provide, emergency care; or
(5) by force or threat of force endeavors to obstruct any employee of the Department of Revenue while the employee is lawfully engaged in the performance of official duties for the purpose of deterring or interfering with the performance of those duties.
Minnesota courts have further defined what the terms “obstructs,” “hinders,” and “prevents” mean.
What are the potential legal consequences of a conviction for Obstruction of Legal Process?
The answer to this question depends on the severity of the obstruction charge. The maximum penalty if the charge is a serious felony is imprisonment for not more than five years or to payment of a fine not more than $10,000, or both. If the act of obstruction is accompanied by violence or the threat of violence the case can be charged as a gross misdemeanor which carries a possible fine of $3,000 and a jail sentence of up to one year. In all other Obstruction cases, the case will be charged as a Misdemeanor. Misdemeanor Obstruction of Legal Process carries a penalty of “no more than 90 days jail and a fine of no more than $1000, or both.”
What are the other (extra-legal) consequences of an Obstruction of Legal Process conviction?
A person convicted of Obstruction of Legal Process is often ordered to undergo anger and chemical use assessment and/or treatment. In addition the judge will order probation for a term of at least a year and possibly five years. If you’re convicted of Obstruction of Legal Process, then the conviction will be noted on your criminal record and may show up on background checks and negatively affect employment.
What are the defenses to Obstruction of Legal Process?
Minnesota’s Obstruction of Legal Process law requires the state prove that the act of “obstruction” was intentional. A negligent interference with an officer performing his or her duties is not obstruction of legal process. In addition there may be a statute of limitations defense. Was your case timely filed? If you want to find out call criminal defense lawyer Barry McKee. There are numerous other constitutional and/or statutory defenses that may be raised in an Obstruction of Legal Process case. See Defenses for a more detailed list.
Why should you contact Minnesota Obstruction of Legal Process Lawyer Barry McKee today?
Obstruction of Legal Process can be a serious offense. Defending an obstruction case usually requires the help of an experienced criminal defense attorney. The police sometimes use the obstruction statute as a catchall charge and arrest a person for obstruction even where no crime has been committed. As long as a person’s conduct does not “obstruct, hinder, or prevent,” officials from performing their duties, no crime has occurred.
As your Obstruction of Legal Process attorney, the first thing Barry McKee will do is move to protect your constitutional rights. Not all evidence is admissible and any evidence improperly obtained by the police should be suppressed.
You are “presumed innocent” until the state “proves you guilty beyond a reasonable doubt.” Criminal Attorney Barry McKee will make sure that the state uses only legally admissible evidence and suppress all other evidence so that it cannot be use against you. He will also compel the state to prove each and every element of the Obstruction of Legal Process charge against you if the state wants to convict you.
Finally, if the case goes to trial, then you will definitely need the help of an experienced criminal trial lawyer. Obstruction of Legal Process cases often come down to the testimony of the police officer verses the testimony of the individual arrested. In such cases it’s very important to have a skilled, aggressive and experienced Obstruction of Legal Process defense attorney who knows how to cross-examine police officers.
Time is of the essence in these matters. If you, or someone close to you, is been charged with Obstruction of Legal Process please don’t wait to take action. Contact criminal defense lawyer Barry McKee so he can help you.