Obstruction of Justice Defense Lawyer Lexington KY

The first thing you need to do after you’ve been arrested for obstruction of justice, is to call a Cooley, Iuliano, Robey PLLC obstruction of justice attorney at 859-636-6803. Each of our partners is a member of the National Association of Criminal Defense Lawyers, as well as the Kentucky Bar Association.

Our skilled obstruction of justice defense attorneys are always prepared to do a full investigation and defend your obstruction of justice case, all while protecting your rights from the prosecution while they pursue their obstruction of justice defense against you. Our obstruction of justice law firm and obstruction of justice attorneys are going to make certain that the Commonwealth of Kentucky is held to their burden of providing their case beyond a reasonable doubt.

What is obstructing governmental administration or obstruction of justice?

The crime of obstructing justice or obstructing governmental administration can be defined in Kentucky and elsewhere in the United States as interfering with criminal investigations, prosecution or enforcement of any law, either by delaying or trying to prevent it. A criminal defense attorney who also has a great reputation for having a great client relationship in every case and experience in obstruction of justice can help you avoid the harshest punishments for this crime, which should not be taken lightly.

Obstruction of justice can take many names and forms in Kentucky. If a person is caught and arrested after after threatening violence against a city, county or any government employee or official, they’ll be accused of obstructing governmental operations, which is a class A misdemeanor. Government officials themselves can be accused of this, like the charge of compounding a crime, where a person might have personal agreements to stop prosecuting a case in exchange for some compensation, going against their official functions under government employment. An example would be a judge taking a bribe, or an assistant to a district attorney hiding a document from a crime. And those are the more minor ways of obstruction of justice. More serious crimes are tampering with public records, with the group from a jury, or witnesses, which are class D felonies.

If you are being accused of an obstruction of justice crime, finding experienced professionals like Lexington KY criminal defense attorney or an obstruction of justice lawyer immediately after your arrest is where you should start in taking control of your future.

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Our team of criminal defense attorneys are members of National Association of Criminal Defense Lawyers and have been recognized as Top 100 Criminal Defense Attorneys in America by The National Trial Lawyers and America’s Top 100 Criminal Defense Attorneys. Put our experience and track record of success to work for you against the government’s charges and protect your freedom!

If you have been charged with an obstruction of justice crime, you need a team of experienced criminal defense attorneys focused on achieving the absolute best outcome for your case. Call and speak with a Cooley Iuliano Robey, PLLC criminal defense attorney at 859-636-6803.

Obstructing governmental operations - KRS 519.020

(1) A person is guilty of obstructing governmental operations when he intentionally obstructs, impairs or hinders the performance of a governmental function by using or threatening to use violence, force or physical interference.

(2) This section shall not apply to:

(a) Any means of avoiding compliance with the law without affirmative interference with governmental functions; or

(b) The obstruction, impairment or hindrance of unlawful action by a public servant; or

(3) Obstructing governmental operations is a Class A misdemeanor.

If you’re facing an obstructing governmental administration or obstruction of justice charge, get in contact with a reputable bar certified criminal defense lawyer or obstruction of justice lawyer as soon as possible.

If you or someone you care about has been charged with a obstructing governmental administration crime in Kentucky, contact our reputable criminal defense lawyers or obstruction of justice lawyers as soon as possible by calling 859-636-6803.

Compounding a crime - KRS 519.030

(1) A person is guilty of compounding a crime when:

(a) He solicits, accepts or agrees to accept any benefit upon an agreement or understanding that he will refrain from initiating a prosecution for a crime; or

(b) He confers, offers, or agrees to confer any benefit upon another person upon agreement or understanding that such other person will refrain from initiating a prosecution for a crime.

(2) In any prosecution under this section, it is a defense that the benefit did not exceed an amount which the defendant reasonably believed to be due as restitution or indemnification for harm caused by the offense.

(3) Compounding a crime is a Class A misdemeanor.

Simulating legal process - KRS 524.110

(1) A person is guilty of simulating legal process when he delivers or causes to be delivered to another a request for the payment of money on behalf of a creditor knowing that in form and substance it simulates any legal process issued by any court of this state.

(2) Simulating legal process is a Class B misdemeanor.

Unauthorized practice of law - KRS 524.130

(1) Except as provided in KRS 341.470 and subsection (2) of this section, a person is guilty of unlawful practice of law when, without a license issued by the Supreme Court, he engages in the practice of law, as defined by rule of the Supreme Court.

(2) A licensed nonresident attorney in good standing, although not licensed in Kentucky, is not guilty of unlawful practice if, in accordance with rules adopted by the Supreme Court, he practices law under specific authorization of a court.

(3) Unlawful practice of law is a Class B misdemeanor.

Tampering

Tampering with physical evidence – KRS 524.100

CIR Legal’s seasoned obstruction of justice attorneys can help you with any type of obstruction of justice charge and help you determine what you’re up against. Including tampering with evidence.

To know more about this particular obstruction of justice, its penalties, and possible defenses a skilled obstruction of justice lawyer can use for it, visit our tampering with evidence page here.

Tampering with public records - KRS 519.060

(1) A person is guilty of tampering with public records when:

(a) He knowingly makes a false entry in or falsely alters any public record; or

(b) Knowing he lacks the authority to do so, he intentionally destroys, mutilates, conceals, removes, or otherwise impairs the availability of any public records; or

(c) Knowing he lacks the authority to retain it, he intentionally refuses to deliver up a public record in his possession upon proper request of a public servant lawfully entitled to receive such record for examination or other purposes.

(2) Tampering with public records is a Class D felony.

Tampering with a prisoner monitoring device - KRS 519.070

(1) A person is guilty of tampering with a prisoner monitoring device when he or she intentionally alters, disables, deactivates, tampers with, removes, damages, or destroys any device used to facilitate electronic monitoring or supervision of a person who is on probation or parole, or has been ordered to wear a device as a condition of pretrial release.

(2) Tampering with a prisoner monitoring device is a Class D felony.

Tampering with a witness - KRS 524.050

(1) A person is guilty of tampering with a witness when, knowing that a person is or may be called as a witness in an official proceeding, he:

(a) Induces or attempts to induce the witness to absent himself or otherwise avoid appearing or testifying at the official proceeding with intent to influence the outcome thereby; or

(b) Knowingly makes any false statement or practices any fraud or deceit with intent to affect the testimony of the witness.

(2) Tampering with a witness is a Class D felony.

Jury tampering - KRS 524.090

(1) A person is guilty of jury tampering when, with intent to influence a juror’s vote, opinion, decision or other action in a case, he communicates or attempts to communicate, directly or indirectly, with a juror other than as a part of the proceedings in the trial of the case.

(2) Jury tampering is a Class D felony.

Retaliating against a participant in the legal process - KRS 524.055

(1) A person is guilty of retaliating against a participant in the legal process when he or she engages or threatens to engage in conduct causing or intended to cause bodily injury or damage to the tangible property of a participant in the legal process or a person he or she believes may be called as a participant in the legal process in any official proceeding or because the person has participated in a legal proceeding:

(a) Attending an official proceeding, or giving or producing any testimony, record, document, or other object produced at that proceeding;

(b) Giving information to a law enforcement officer relating to the possible commission of an offense or a violation of conditions of probation, parole, or release pending judicial proceedings;

(d) Performance of his or her duty.

(2) Retaliating against a participant in the legal process is a Class D felony.

(3) In order for a person to be convicted of a violation of this section, the act against a participant in the legal process or the immediate family of a participant in the legal process shall be related to the performance of a duty or role played by the participant in the legal process.

Intimidating a participant in the legal process - KRS 524.040

(1) A person is guilty of intimidating a participant in the legal process when, by use of physical force or a threat directed to a person he believes to be a participant in the legal process, he or she:

(a) Influences, or attempts to influence, the testimony, vote, decision, or opinion of that person;

(b) Induces, or attempts to induce, that person to avoid legal process summoning him or her to testify;

(c) Induces, or attempts to induce, that person to absent himself or herself from an official proceeding to which he has been legally summoned;

(d) Induces, or attempts to induce, that person to withhold a record, document, or other object from an official proceeding;

(e) Induces, or attempts to induce, that person to alter, destroy, mutilate, or conceal an object with intent to impair the object’s integrity or availability for use in an official proceeding; or

(f) Hinders, delays, or prevents the communication to a law enforcement officer or judge of information relating to the possible commission of an offense or a violation of conditions of probation, parole or release pending judicial proceedings.

(2) For purposes of this section:

(a) An official proceeding need not be pending or about to be instituted at the time of the offense; and

(b) The testimony, record, document, or other object need not be admissible in evidence or free of a claim of privilege.

(3) Intimidating a participant in the legal process is a Class D felony.

(4) In order for a person to be convicted of a violation of this section, the act against a participant in the legal process or the immediate family of a participant in the legal process shall be related to the performance of a duty or role played by the participant in the legal process.

Impersonating a Police Officer and Public Servant

Impersonating a public servant - KRS 519.050

(1) A person is guilty of impersonating a public servant, other than a peace officer, if he pretends to be a public servant, other than a peace officer, or to represent a public agency, other than a law enforcement agency, or act with the authority or approval of a public agency, other than a law enforcement agency, with intent to induce another to submit to such pretended official authority or otherwise to act in reliance upon that pretense to his prejudice.

(2) Impersonating a public servant, other than a peace officer, is a Class A misdemeanor

Impersonating a peace officer - KRS 519.055

(1) A person is guilty of impersonating a peace officer if he pretends to be a peace officer, or to represent a law enforcement agency or act with the authority or approval of law enforcement agency, with intent to induce another to submit to the pretended official authority or otherwise to act in reliance upon the pretense to his prejudice.

(2) Impersonating a peace officer is a Class D felony.

(3) As used in this section, the phrase “”peace officer”” means a peace officer as defined in KRS 446.010.

Promoting Contraband

Promoting contraband in the first degree - KRS 520.050

(1) A person is guilty of promoting contraband in the first degree when:

(a) He knowingly introduces dangerous contraband into a detention facility or a penitentiary; or

(b) Being a person confined in a detention facility or a penitentiary, he knowingly makes, obtains, or possesses dangerous contraband.

(2) Promoting contraband in the first degree is a Class D felony.

Promoting contraband in the second degree - KRS 520.060

(1) A person is guilty of promoting contraband in the second degree when:

(a) He knowingly introduces contraband into a detention facility or a penitentiary; or

(b) Being a person confined in a detention facility or a penitentiary, he knowingly makes, obtains, or possesses contraband.

(2) Promoting contraband in the second degree is a Class A misdemeanor.

Escape and Fleeing from Police

(1) A person is guilty of fleeing or evading police in the first degree:

(a) When, while operating a motor vehicle with intent to elude or flee, the person knowingly or wantonly disobeys a direction to stop his or her motor vehicle, given by a person recognized to be a police officer, and at least one (1) of the following conditions exists:

1. 1. The person is fleeing immediately after committing an act of domestic violence as defined in KRS 403.720;
  2. The person is driving under the influence of alcohol or any other substance or combination of substances in violation of KRS 189A.010;
  3. The person is driving while his or her driver’s license is suspended for violating KRS 189A.010; or
  4. By fleeing or eluding, the person is the cause, or creates substantial risk, of serious physical injury or death to any person or property; or

(b) When, as a pedestrian, and with intent to elude or flee, the person knowingly or wantonly disobeys an order to stop, given by a person recognized to be a peace officer, and at least one (1) of the following conditions exists:

1. 1. The person is fleeing immediately after committing an act of domestic violence as defined in KRS 403.720; or
  2. By fleeing or eluding, the person is the cause of, or creates a substantial risk of, serious physical injury or death to any person or property.

(2) Fleeing or evading police in the first degree is a Class D felony.

(1) A person is guilty of fleeing or evading police in the second degree when:

(a) As a pedestrian, and with intent to elude or flee, the person knowingly or wantonly disobeys a direction to stop, given by a person recognized to be a peace officer who has an articulable reasonable suspicion that a crime has been committed by the person fleeing, and in fleeing or eluding the person is the cause of, or creates a substantial risk of, physical injury to any person; or

(b) While operating a motor vehicle with intent to elude or flee, the person knowingly or wantonly disobeys a recognized direction to stop his vehicle, given by a person recognized to be a peace officer.

(2) No offense is committed under this section when the conduct involved constitutes a failure to comply with a directive of a traffic control officer.

(3) Fleeing or evading police in the second degree is a Class A misdemeanor.

CIR Legal’s seasoned obstruction of justice attorneys can help you with any type of obstruction of justice charge and help you determine what you’re up against. Including escape and fleeing from police.

To know more about this particular obstruction of justice, its penalties, and possible defenses a skilled obstruction of justice lawyer can use for it, visit our escape and fleeing from police page here.

Perjury

Perjury, in essence, is lying after taking an oath to tell the truth in a court of law or when making an official statement to authorities. It is a form of obstruction of justice because it can be done with the intent of affecting a case. Perjury of the first degree is making a false statement, that you know to be false (this is a key factor), while in a trial or an official proceeding. Perjury in the second degree is when just making a written false statement, knowingly. The first one is a class D felony, while the second is a Class A misdemeanor.

CIR Legal’s seasoned obstruction of justice attorneys can help you with any type of obstruction of justice charge and help you determine what you’re up against. Including perjury. To know more about this particular obstruction of justice, its penalties, and possible defenses a skilled obstruction of justice lawyer can use for it, visit our perjury page here.

Parole and Probation Violation

Probation and parole are similar, as they are penalties for someone facing charges and convictions of a crime in Kentucky. But, they are different in an important way. Probation is a possible punishment for most violations and misdemeanors of any degree (and in a few cases, even for felonies) in which a person is never sent to prison and is forced to follow strict rules while being free to continue living without first going to jail. Parole is being given the opportunity to serve their sentence outside of prison and under strict rules. Both parole and probation are handled by the same office and people in Kentucky.

Failing to comply with the rules of probation or parole will result in you violating both and the consequences you get can be harsher limits or imprisonment.

It’s worth noting that Probate Courts don’t have anything to do with probation, as they are frequently confused by people. If you want answers about your probation or parole, you must contact your probation and parole officer from the Kentucky Department of Corrections, Division of Probation and Parole. If you are accused of any probation violation, you have a right to a trial, or actually a probation hearing, in front of the Administrative Law Judge and the Parole Revocation Hearing at the Parole Board.

CIR Legal’s seasoned obstruction of justice attorneys can help you with any type of obstruction of justice charge and help you determine what you’re up against. Including parole or probation violation.

To know more about this particular obstruction of justice, its penalties, and possible defenses a skilled obstruction of justice lawyer can use for it, visit our parole or probation violation page here.

Penalties in Obstruction of Justice Cases

Although the penalties for all crimes, along with obstructing governmental administration offenses, committed in the Commonwealth of Kentucky are subject to the results of the work from your obstruction of justice attorney during the trial, usually the state adheres to the Kentucky Sentencing Guidelines and the Kentucky Revised Statutes for most criminal convictions, as detailed in their individual statute

Each of these types of offenses are then divided into two and four classes, respectively. There are class A and class B misdemeanors and classes A through D felonies, plus a capital offense classification for crimes resulting in death, with the harshest punishments. For any of which, it is of utmost importance to work with a reputable obstruction of justice lawyer in your area to see to your case.

Misdemeanor

A misdemeanor is a crime punishable by less than a year in prison, and sometimes there are only heavy fines involved, probation, or other sentences less harsh than with felonies. The consequences for someone guilty of a crime punishable by a misdemeanor are;

Class A misdemeanors – 90 days to 12 months jail time, including a monetary fine that can cost up to 500 dollars , and
Class B misdemeanors – up to 90 days jail time, including a monetary fine up to 250 dollars

Nonetheless, they are a stain on your permanent record and can change your life for the worse, which is why you need the best obstruction of justice attorney you can get. A competent obstruction of justice defense attorney can get your case dismissed, charges filed against you dropped, or fight for an expungement of your misdemeanor conviction altogether.

Felony

A felony is the most serious type of crime, and hence, they offer the most serious punishments, with years in prison. They are divided (like misdemeanors as well) into classes. The imprisonment terms for each class of this offense are;

Class A – 20 to 50 years, or even life imprisonment,
Class B – 10 to 20 years,
Class C – 5 to 10 years, and
Class D – 1 to 5 years

All serious crimes, except murders (they have their own punishments), are classified as felonies.

It’s also important to point out that former convictions of this degree matter. If district court investigations and records show you are a “persistent offender,” then it’s very likely you’ll be facing a longer prison term vs someone guilty of the same crime without records of a prior felony conviction. (Ky. Rev. Stat. Ann. § 532.080 (2019 ).). If this is the case, informing your obstruction of justice defense lawyer at the earliest is advised.

A person found guilty of a felony in states like Kentucky will also need to pay a fine costing between 1,000 dollars and 10,000 dollars. Or, if it applies, double any gain from committing the offense. In the event that it does, the district court usually orders whichever amount is greater to be paid (Ky. Rev. Stat. Ann. § 534.030 (2019 ).).

It’s difficult facing offenses as serious as this alone, especially since these have long lasting consequences on a person’s life once convicted. Which is why hiring expert obstruction of justice defense attorneys is essential. Experienced obstruction of justice attorneys will know what to expect along with the best way to protect your rights, or avoid a conviction altogether.

Federal

Like in Kentucky, a federal obstruction of justice charge in the United States is the result of being accused of interfering with any criminal investigation, or the prosecution and enforcement of any law. Delaying or trying to prevent justice is also the same as obstructing it. Most of the people charged with it are public and elected officials, attorneys, prosecutors or even judges. In short, anyone with the power to impede an investigation. It is a felony under federal law, and an important aspect of any case of obstruction of justice, is that the intent is what matters, not the details of how someone attempted it. You don’t need to successfully obstruct justice in order to be accused of the crime. The crime can be classified as abuse of power, perjury or lying to investigators, tampering with evidence, bribery, or other forms. Any federal charge of obstruction of justice has to be urgently dealt with by an experienced team of criminal defense lawyers or obstruction of justice lawyers, as the penalties you get can be years time in jail or a light sentence of probation.

You need an experienced criminal defense lawyer that specializes in obstruction of justice defense

All of our criminal obstruction of justice attorneys at Cooley Iuliano Robey, PLLC are members of the National Association of Criminal Defense Lawyers as well as the Kentucky Bar Association, with decades of experience in matters of obstruction of justice charges and obstruction of justice defenses. We value the best interest of every client above all. When it comes to obstruction of justice offenses, you need obstruction of justice attorneys who will fight for your constitutional rights, and go through every detail of your case, no matter how inconsequential they may be.

Free Consultation & Case Review from our experienced obstruction of justice lawyers

At CIR Legal, our obstruction of justice attorney’s obstruction of justice defense services include offering free consultation and case review to potential clients or otherwise. Our obstruction of justice attorneys have fought and will always strive to fight for the rights of every defendant in the state of Kentucky, no matter the type of offense. Call our office at 859-636-6803 or fill out our form for a free consultation be it am or pm.

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Our promise to you is based on a simple principle – focus on your goals and achieve exceptional results. You have trusted us to represent your interests in one of the most important events in your life, and we will not let you down.

We will always keep you informed about your case. We will always explain a clear path forward, and provide you with an understanding of “what to expect” at each step. We will always be directly accessible to you and promptly respond to any questions you may have.

We promise to always advocate for you and your interests. No matter what issue you’re facing – you’ll always have a team of attorneys in your corner ready to fight for you.

Lexington Obstruction of Justice Defense Attorney