Criminal Defense Lawyers

Can I be charged for lying about a crime to protect the real criminal?

Can I be Charged for Lying About a Crime to Protect the Real Criminal?

This is a tricky situation that many people find themselves in. You discover a crime has been committed and the police start asking questions. Someone you care about is the real criminal but you want to protect them by lying or omitting facts. Can you get in legal trouble for this? Let’s break it down.

The short answer is yes, you can be charged with a crime even if you lied to protect someone else. Obstructing justice is illegal, period. But there are degrees of charges based on exactly what you did. And there may be ways to defend yourself as well.

Obstruction of Justice Charges

Lying to the police or court about a crime, no matter your reason, can lead to an “obstruction of justice” charge. Obstruction charges can include:

• Perjury – Lying under oath
• Filing a false police report
• Destroying or hiding evidence
• Trying to convince a witness to lie or not cooperate

These charges are felonies, meaning over a year in prison. The exact penalty depends on what state you’re in and how extensively you obstructed the case. Fines, probation, community service may be handed down instead of jail time for minor instances. But major lies that derail investigations often do lead to prison.

There are also laws against being an “accessory after the fact” – helping someone escape arrest or prosecution for a crime. So if you actively help the real criminal avoid capture after knowing they committed a crime, you could face charges too.

How Far Will Prosecutors Go?

How likely are you to be charged for lying to protect someone? Prosecutors have wide discretion. They may:

• Decide it’s not worth prosecuting you
• Offer a plea deal to cooperate against the main criminal
• Only charge you with a minor crime like obstruction
• Go after you fully for major felonies

It really depends on the case specifics and how badly they want to convict the real criminal. Many times they will cut deals with accomplices to build the strongest case.

Christine Twomey

2024-03-21

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Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

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2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

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2024-03-12

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2024-03-12

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2024-02-28

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2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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When Lying Becomes a Crime

Not every false statement is illegal. Exactly when dishonesty becomes an actual crime depends on:

• Your intent – Did you intend to mislead investigators or protect the true criminal? That’s key.
• Who you lied to – Lying to friends or family won’t get you charged. Police and courts is obstruction.
• Materiality – Minor lies may not matter. But major deceptions that throw off an investigation are serious.

So if you’re questioned as a witness or suspect, be careful what you say. Even if you’re trying to protect someone, outright lies and destroying evidence could be deemed obstruction.

When Silence May be Better

What should you do if questioned about a crime a loved one committed? You have the right to remain silent under the 5th Amendment. Silence alone generally can’t be used as evidence of guilt. Refusing to answer questions may be wiser than lying.

But beware – falsely denying knowledge of a crime under oath is still perjury. And lying by omission can still be obstruction if you intentionally leave out major facts. Consider:

• Refusing to answer certain questions
• Saying you don’t recall, if true
• Asking for immunity before answering
• Consulting with a lawyer first

While staying totally silent seems suspicious, it’s likely better than getting caught in a lie later.

When Should You Tell the Truth?

Lying only works for so long – investigators have ways of finding the truth. And charges for obstruction often get stacked onto the original crime. So in many cases, the truth comes out eventually.

The sooner you’re honest, the better. Being upfront from the start, before lying, may help avoid serious charges. And cooperating after lying can still mitigate the damage. While ratting out a friend seems awful, it may be the legal best option.

Defenses Against Obstruction Charges

If accused of obstruction, there are some legal defenses to fight the charges:

• You lacked criminal intent – the lies weren’t meant to obstruct
• Your false statements weren’t material enough to the case
• You corrected the lies in a timely manner
• You were coerced into lying by threats or force

While these defenses occasionally work, it’s still very risky to lie. Avoiding obstruction altogether is better if possible.

Get Legal Advice Before Talking

If questioned by police, never say anything without consulting a criminal defense lawyer first. Be polite, but say you won’t answer questions without an attorney present. This helps avoid accidentally saying something incriminating.

A lawyer can advise you on the smartest approach – be it silence, cooperation, or defending against charges. They know the process and potential penalties. It’s always wise to have an expert on your side early on.

The Costs of Obstruction Often Outweigh the Benefits

Lying to protect someone seems noble in the moment. But in the long run, obstruction charges may do more harm than good:

• They can follow you for life, impacting jobs and reputation
• Serious felonies mean huge fines, even prison time
• The truth tends to surface anyway, making the lie pointless
• It enables the real criminal to keep committing crimes

Before rushing to lie or cover up evidence, weigh the lasting effects. And consider talking to a lawyer first about smarter alternatives. They may suggest ways to cooperate that reduce charges for both you and the perpetrator.

While ratting someone out feels awful, it may allow both of you to move on with your lives rather than face serious jail time. There are rarely easy answers when balancing moral duties versus legal ones. But understanding the law can help inform your decisions.

The Takeaway – Tread Carefully When Lying to Protect Someone

Lying for any reason during an investigation is risky and illegal. But showing compassion is natural, even if misguided. If faced with this dilemma:

• Know obstruction charges are possible even with good intent
• Staying silent may be wiser than lying outright
• Consult a lawyer before answering any questions
• Consider if cooperation deals may help both parties
• Weigh if a lie now is worth the consequences later

With legal guidance, perhaps there’s a way to help your loved one without destroying your own life in the process. The costs of obstruction often outweigh the benefits. Tread carefully and make informed choices if ever faced with this predicament.

Sources:

Obstruction of Justice Overview

Obstruction of Justice Charges and Penalties

When Lying Becomes Obstruction of Justice

Lying to Protect Someone – Obstruction Issues

Lying by Omission vs Commission