Fort Myers Law Firms Explain How to Fight Charges of Obstructing Justice
Obstructing justice is a serious offense under military law that carries severe consequences if convicted. Fort Myers law firms regularly defend service members against these charges and have extensive experience fighting them successfully. This article provides an overview of obstructing justice charges, potential defenses, and the value of working with an experienced military defense attorney to protect your rights.
What is Obstructing Justice Under the UCMJ?
Obstructing justice falls under Article 134 of the Uniform Code of Military Justice (UCMJ), which covers disorders and neglects to the prejudice of good order and discipline in the armed forces. The Manual for Courts-Martial explains that obstructing justice involves wrongfully influencing, intimidating, impeding, or injuring a witness, investigator, prosecutor, or other person involved in a criminal investigation or proceeding.
Some examples of obstructing justice include:
- Threatening or bribing a witness to prevent them from testifying
- Destroying or concealing evidence
- Providing false information or lying to investigators
- Encouraging others to obstruct an investigation
To be found guilty, the prosecution must prove the service member:
- Committed a wrongful act
- Knew or had reason to know criminal proceedings were pending or likely
- Acted with intent to obstruct justice
- Their conduct was prejudicial to good order and discipline or brought discredit to the armed forces
Maximum Potential Penalties
Obstructing justice under Article 134 carries severe maximum penalties:
- Dishonorable discharge
- Total forfeiture of pay and allowances
- Up to 5 years confinement
A federal conviction for obstruction can also lead to substantial civil fines and up to 20 years imprisonment in civilian court.
How Fort Myers Law Firms Defend Against These Charges
Experienced military defense attorneys in Fort Myers use a variety of strategies to fight obstructing justice charges, such as:
Examining the Accuser’s Credibility
In many cases, the accuser themselves may have motivations to fabricate or exaggerate charges. Skilled attorneys will thoroughly investigate the accuser’s background and credibility as a witness. Damaging facts can be uncovered that undermine the accusations.
Focusing on Reasonable Doubt
The burden is on the prosecution to prove guilt beyond a reasonable doubt. Even if some evidence exists, experienced lawyers will highlight all the reasonable doubts in the case by dissecting the evidence, witness testimony, and government’s theory of what happened. This introduces doubt into the panel’s minds.
Suppressing Unlawfully Obtained Evidence
If investigators used unlawful tactics like illegal searches or coercive interrogations, defense attorneys can file motions to suppress that evidence from being used at trial. This can deeply damage the prosecution’s case.
Negotiating Pretrial Agreements
In many cases, skilled attorneys can negotiate with the prosecution to limit potential punishment through a pretrial agreement in exchange for a guilty plea. While not ideal, this is often better than risking a harsh sentence if convicted at trial.
Presenting Good Military Character Evidence
Showing the accused’s excellent military record and character through performance reviews, awards, and witness testimony can create sympathy with the panel and doubt about the allegations.
Why Hire Experienced Military Attorneys?
Facing obstructing justice charges is frightening, but skilled military defense lawyers have the experience and dedication needed to build the strongest case possible. Here’s why it’s critical to have experienced representation:
- They understand military law, culture, and how to craft an effective defense strategy. Civilian attorneys lack this insider perspective.
- They have relationships with judges, prosecutors, and panel members that can aid in plea negotiations or securing a favorable outcome at trial.
- They know how to exploit weaknesses in the prosecution’s case and present reasonable doubt.
- They can assemble a strong defense team including military law experts, private investigators, and forensic specialists.
- They aggressively defend your rights and reputation in court and in the media (if relevant)
- They fight to get charges dismissed, reduced, or keep confinement to a minimum if convicted.
The consequences of conviction are severe. Don’t leave your military career and future in inexperienced hands. Contact a dedicated military law firm in Fort Myers for a free case evaluation as soon as possible. An experienced advocate can thoroughly examine the evidence against you, advise you of your rights, and start building the strongest defense to defeat these serious allegations.
Examples of Obstructing Justice Cases and Outcomes
To understand how obstructing justice charges arise and how skilled defense attorneys fight them, it helps to look at real-world examples:
Destroying Evidence
A soldier was accused of erasing video footage that allegedly showed him assaulting his girlfriend from his cell phone before it could be confiscated by military police. His attorney argued there was no proof the video ever existed and that the alleged victim had reasons to fabricate allegations. The charges were dropped due to insufficient evidence.
Lying to Investigators
A sailor falsely told NCIS agents that he had no knowledge of drug use in his unit. It was later revealed he lied to protect fellow sailors involved in illegal drug activity. His attorney negotiated a pretrial agreement where he pleaded guilty to obstruction in exchange for no jail time.
Threatening a Witness
An officer was accused of telling a witness in an upcoming court-martial “you’ll regret it” if you testify. The defense attorney highlighted inconsistencies in the witness’s story and poor credibility due to a history of dishonesty. The officer was acquitted at trial.
Advising Others to Obstruct
A staff sergeant told subordinates to “lose” certain documents investigators were seeking. Rather than risk trial, he worked with his lawyer to negotiate a plea deal limiting confinement to 6 months in exchange for admitting obstruction.
Why Choose a Military Law Firm in Fort Myers?
If you or a loved one are facing obstructing justice charges, time is of the essence. Contact an experienced military law firm in Fort Myers to advise you of your rights and start building the strongest possible defense against these allegations. They have the skills and dedication needed to protect your future. Don’t leave this life-altering situation to chance – call today!