There Is A Lot To Learn About Obstruction Of Justice

Obstruction of justice can cover a lot of territory. It can be applied to anything from resisting arrest to witness tampering, and it can involve a police officer, a legal course of action, a firefighter or medical emergency personnel. When it involves the proceedings in a court of law for instance, the violation isn’t limited to bribery or personal threats directed to a witness or a jury member. The very physical activity of demonstrating outside the courthouse could provoke a charge of obstruction if it could in any way influence the outcome of the trial.

Any interference in the arrest of the suspect in a criminal case can be construed as obstruction of justice. If you know for example, that the suspect is in your home when the police appear on your doorstep, and you lie to the officers and say that he is not there, you may be charged with obstruction even though you had no part in the crime that the suspect is being accused of.

Withholding information under certain circumstances can translate into a crime. The simple fact that you have knowledge that could possibly alter the outcome of an ongoing trial doesn’t comply you to come forward with the information voluntarily. But, if the prosecutor in the case somehow discovers that you do possess knowledge that can sway a jury in his favor he can issue a subpoena, which is a court order obligating you to appear as a witness for the prosecution. Lying in a court of law constitutes perjury, and the only way you can get around being charged with lying under oath is if you would be opening yourself up to incrimination by testifying.

Since there are so many stipulations that go along with the justification for a conclusive charge of obstruction of justice, it is in the best interest of a defendant to get professional legal advice from an experienced attorney. The attorneys with Parker Lawyers are comprehensive in their understanding of Colorado law and jurisdictional proceedings. Call the 303-841-9525 number for consultation.

Having An Experienced Defense Attorney On Your Side Can Make All The Difference

If you’ve been charged with a crime the first thing you should be concerned with is finding a defense attorney who can explain your options and offer his advice as to how you should proceed. He will listen to your side of the story and together you can decide whether to try to negotiate to reduce the charges or to let the prosecution try to prove its case against you in a court of law.

If you and your attorney agree that going to trial is in your best interest the next step will be to decide on a defense. One option is to maintain your innocence and put the burden of proof onto the prosecuting attorney. He will then have to persuade a judge or jury that the evidence against you is strong enough to demonstrate your guilt beyond reasonable doubt. This means that prosecutor’s arguments will have to be so substantial that jurors are totally convinced of your guilt based on common logic.

Or, you may be better off admitting that the allegations against you are actual but that you have a valid explanation for your involvement. This would amount to an affirmative defense and would mean that your attorney will have to produce evidence to support your claim. In other words, instead of challenging the evidence that the prosecution has presented your attorney will try to prove that your actions were justified. There are many types of affirmative defenses available to a defense attorney depending on the circumstances of any given case. Common examples include self defense or duress, but an experienced defense attorney will be able to discuss several other options that may be open to you.

Being able to rely on the competence of his defense attorney will give a defendant the peace of mind necessary to present himself to a jury with a sense of self confidence. If you find yourself in need of a Colorado defense attorney contact the offices of Parker Lawyers @ 303-841-9525.

The Rule Of Double Jeopardy Was Effected For Our Protection

A defendant who has been acquitted in a court of law cannot be tried again for the same offense. That is the rule of double jeopardy and is constitutionally provided for the protection of the citizens of our society. The original intention was to safeguard the people from being harassed by an unchecked and over powerful government and to preserve the integrity of a trial by one’s peers.

Even if the prosecution discovers valid evidence that could influence a verdict of not guilty the double jeopardy standard stays in play. But since double jeopardy only applies to criminal cases a civil charge can still be brought against the defendant.

There are some other circumstances that may alter the way the double jeopardy clause applies. In some instances there may be more than one kind of charge for the same offense depending on the seriousness of the crime. Charges involving illegal drugs for example, often consider issues of severity so that if a defendant is found not guilty of possession he can still be tried for selling, or distribution of those drugs.

Furthermore, double jeopardy becomes a moot point with a change of jurisdiction. It cannot keep the federal government from prosecuting a defendant who has previously been found innocent by the state, or the other way around.

In order for double jeopardy to be the rule in a case it must be “attached.” Until it is any court actions taken by the prosecution will not fall under the scrutiny of the ordinance. This would allow a prosecuting attorney who decides to drop the charges brought against a defendant the right to retry that defendant at a future date.

In a trial by jury the judge will ordinarily attach a double jeopardy clause right after the swearing in of the members on the panel. If a defense attorney works out a plea agreement on behalf of his client the judge must acknowledge the plea in order for double jeopardy to go into effect.

The attorneys of the Parker Lawyers firm in Parker, CO are experienced in all areas of criminal and civil law. Call 303-841-9525.

The Opening Statement Sets The Tone

The opening statements in a court of law are the jury’s introduction to the case before them. This is not the time to present arguments, but only to lay the framework for what is to come during the trial. The prosecuting attorney will tell the jury about the evidence that he intends to produce and how it relates to a proof of guilt while the defense attorney will explain how that same evidence will be refuted.

An experienced defense attorney knows that an opening statement can amount to a first impression not only of his own competence but of how his client is perceived. Physical appearance and personality counts – people can’t help but be influenced by a distinguished manner of speaking and a nice suit of clothes. A good example of the importance of a respectable demeanor is the fact that a defendant is allowed to wear street clothes during his trial so that the jury isn’t adversely influenced by prison garb.

One of the objectives of the opening statement is to make the jury members want to hear more. It gives a defense attorney the opportunity to guide the jury through the case by telling the story through the eyes of his client and letting them develop an insight to the defendant’s perspective.

The prosecution goes first. Both sides know that this is to the advantage of the defense. Getting to hear about some of the evidence that prosecution intends to introduce will give the defense a better idea of what to be prepared for. The defense can take anything that the prosecution has said in their opening statement and repudiate it with their own findings. Objections are usually not allowed during opening statements, so the response by the defense as to what the prosecution has presented is the last thing the jury will hear during opening statements.

A seasoned defense attorney will have learned not to overstate his intentions during his opening statement. If he can’t live up to what he promises in opening the prosecution will use it against him in closing.

Rely on the competence and experience of Parker Lawyers. Call 303-841-9525