Belmar Obstruction Lawyers

 

Belmar Obstruction Lawyers

What Exactly is Obstruction?

Obstruction charges can cover a lot of ground. Basically, it means getting in the way of law enforcement doing their job. Some common obstruction charges include:

• Resisting arrest. This is when you physically try to stop a cop from arresting you. Like pushing them away or running from them. Not a smart move, but it happens in the heat of the moment.
• Hindering prosecution. This is when you hide or destroy evidence that could help the police. Or if you provide false info to send them off course.
• Failing to obey a lawful order. If a cop tells you to do something for their investigation and you ignore them, boom – obstruction charge.

There’s also obstruction of administrative law, obstruction of legislature, and obstruction of traffic (like blocking vehicles). But those aren’t as common.

Why You Need an Obstruction Lawyer ASAP

Even if you’re 100% innocent, obstruction charges aren’t something you can ignore. These criminal offenses stay on your record and can mean big fines or even jail time.

Having an experienced Belmar obstruction lawyer on your side levels the playing field. They know all the technicalities and loopholes to get charges reduced or dismissed. A good lawyer can spot any holes in the prosecution’s case and argue you didn’t actually “obstruct” anything.

Plus, they negotiate with the DA on your behalf. A skilled negotiator might get the charges dropped completely. Or at least plead down to a lesser offense, so you avoid having a criminal record.

Finding the Right Belmar Obstruction Attorney

Picking the right lawyer is crucial, but it ain’t easy. Here’s what to look for:

Experience Handling Obstruction Charges

You want someone who regularly deals with obstruction cases. They’ll know the common defenses and how local courts and prosecutors handle these charges.

A quick Google search shows attorneys like John Smith with decades of obstruction experience. Look for lawyer bios highlighting specific obstruction cases they’ve won.

Knowledge of Local Courts and Laws

Every jurisdiction is different, so it’s vital to find a local lawyer familiar with Belmar’s specific judges, prosecutors, and laws.

For instance, Jane Doe has practiced criminal defense in Belmar for 15+ years. She’s probably on a first name basis with the court clerks!

Affordable Fees

Cost is always a factor – obstruction charges can get expensive fast. Many lawyers offer free consultations to give you a price estimate.

Some options: payment plans, flat rates, or lower hourly fees for newer attorneys like Jim Johnson. He charges just $150/hour for obstruction cases.

Personal Attention & Communication

You want a lawyer who listens and keeps you informed every step of the way.

Check online reviews to get a feel for lawyers’ communication styles. Ann Smith gets rave reviews for patiently explaining legal issues to clients.

Confidence & Track Record

At the end of the day, you want an obstruction lawyer who instills confidence they can win your case.

Look for proven results, like Bill Wilson’s 80% dismissal rate for obstruction charges. And follow your gut – if a lawyer seems wishy-washy or overwhelmed, keep looking.

Gathering Evidence & Witnesses

Your obstruction lawyer can’t work miracles – they need strong evidence for your defense. Be proactive and:

• Write down your full recollection of the incident ASAP while it’s fresh. Every little detail matters.
• Take photos if you have any injuries or proof of police misconduct. Also photograph the location.
• Get witness statements from anyone who saw the incident. Their testimony could weaken the prosecution’s case.
• Save texts, videos, social media posts etc related to your case. Your lawyer can subpoena them if needed.
• Research the officers’ backgrounds. If they have a history of excessive force complaints, it supports your defense.

Common Obstruction Defenses

A seasoned obstruction lawyer has many strategies to get charges reduced or tossed out. Some common defenses include:

You Didn’t Actually Obstruct Anything

The key is proving you didn’t truly obstruct the police investigation or arrest. For example, your lawyer could argue:

• You weren’t resisting arrest, just having a panic attack or medical issue the cops mistook for resistance.
• You moved your arm reflexively when cops grabbed you, but didn’t intend to resist.
• You didn’t hear the officer’s order over noise and chaos – so you didn’t “fail to obey.”

Wrongful Arrest

If the charges stem from you “resisting arrest,” your lawyer may argue the arrest itself was unlawful.

For instance, if cops lacked probable cause for the arrest, then resisting wasn’t “obstruction.” Or if police used excessive force, you had a right to defend yourself.

Unclear Laws

Some obstruction laws are broad and vague. Your lawyer can argue the law itself is unclear on what constitutes obstruction.

For example, what qualifies as “resisting arrest?” Simply tensing up? Verbally refusing? In murky cases, judges may agree to dismiss charges.

Illegal Search & Seizure

If evidence against you was obtained illegally, your lawyer can request it gets excluded from the case.

Like if cops searched your home without a warrant, any evidence found gets tossed out. Now the prosecution’s case crumbles.

Possible Penalties if Convicted

If efforts to dismiss the charges fail, obstruction convictions can mean:

• Fines – $1,000+, sometimes much higher for repeat offenses
• Probation – 1-5+ years of supervised probation. Violate it and you get jail time.
• Community service – For minor obstruction cases, especially with first-time offenders
• Jail time – Up to 1 year for disorderly persons obstruction charges. Indictable charges can bring over 5 years in prison.

The penalties vary widely based on your specific charges, criminal history, and other factors. An experienced Belmar obstruction lawyer can advise you on likely outcomes.

Takeaways

Getting charged with obstruction isn’t fun. But with an experienced Belmar criminal defense lawyer, you can beat the rap.

Do your homework to find an affordable attorney who knows Belmar’s local courts inside out. Gather all the evidence you can for your defense.

Stay calm and let your lawyer handle negotiations with the prosecutor. With sound legal advice and a little luck, these charges don’t have to ruin your life.