Interfering with the criminal justice system can be obstruction of justice.
Obstruction of Justice May Consist of Any Attempt to Hinder the Discovery, Apprehension, Conviction, or Punishment of Anyone Who Has Committed a Crime.
An Example of an Obstruction of Justice Charge
The Obstruction of Justice sentence enhancement was dealt with in the recent case of US v Collins. The defendant was charged with participating in a conspiracy to manufacture methamphetamine. He was accused of traveling to Indiana to pick up items needed to manufacture the drug. He testified in his defense. The jury found him not guilty of making that trip but convicted him of several other offenses. Even though Mr. Collins was found not guilty of traveling to acquire materials to make methamphetamine, the judge enhanced Mr. Collins’ sentence because he believed the defendant obstructed justice by lying under oath when he testified. In further defense of his obstruction of justice case, his lawyer filed an appeal.
The defendant appealed to the 6th Circuit Court of Appeals and argued that it was improper for the judge to assume that he lied under oath regarding the travel to Indiana when the jury acquitted him of that count. The Court of Appeals held that the enhanced sentence was proper, stating, “[e]ven though the jury failed to find that the defendant committed the conduct beyond a reasonable doubt, the burden of proof for sentencing enhancements remains a preponderance of the evidence.”
Even though a jury found the Defendant not guilty beyond a reasonable doubt, the law permits his sentence to be increased if the judge was convinced by a lesser standard than the defendant lied about it under oath. Even if found not guilty of an offense, a judge can enhance a sentence on the charges where convicted if the Judge believes there was lying under oath, even on the charge were found not guilty.
Handling Complex Criminal Litigation
Courts take interference with the law and the court systems, referred to as Obstruction of Justice, seriously. If you are facing obstruction of justice charges or any other criminal charge, you need to have a criminal defense team in your corner capable of successfully handling complex criminal matters.
In cases with complex or multiple allegations or important legal issues, there is a great advantage to having a team of lawyers collaborate and work together to achieve the best possible result. Most defense lawyers are solo practitioners, and they simply cannot provide the same level of service or results compared to multiple lawyers working together towards a common goal. The Defense Team with LEWIS & DICKSTEIN, P.L.L.C. is comprised of multiple, highly-experienced defense lawyers, paralegals with decades of experience handling criminal cases, highly effective private investigators, and experts from a variety of fields. We take time to role-play courtroom hearings, debate factual and legal issues, and brainstorm potential defenses and strategies. There is simply no substitute for a team working together to protect and defend you.
Why do you want to hire LEWIS & DICKSTEIN, P.L.L.C.?
A criminal conviction can have far-reaching consequences. A conviction can affect your freedom, finances, family, job, and future. When there is so much at stake, it is essential to rely on the criminal law defense firm of LEWIS & DICKSTEIN, P.L.L.C. The firm’s lawyers are well respected, proven effective, and highly successful in court. The firm’s lawyers are regular speakers at legal conferences and have received multiple awards for excellence. Do not trust your fate to the lowest bidder when you have so much to lose. Consider this, what is the cost of not hiring a top criminal defense attorney? If you face obstruction of justice charges or any criminal allegation, your best hope of getting charges dismissed and avoiding a harsh sentence is with highly skilled, experienced defense counsel.
Call us today at (248) 263-6800 for a free consultation or complete a Request for Assistance Form. We will contact you promptly and find a way to help you.