Can You Be Arrested for Interfering with a Police Investigation in New York?

At Spodek Law Group, we understand that interactions with law enforcement can be stressful and confusing. Many people wonder if they can get in trouble simply for not cooperating with police during an investigation. The short answer is: yes, you can potentially be arrested for interfering with a police investigation in New York - but the specifics matter a great deal. Let's break down what you need to know to protect your rights.

What Constitutes "Interfering" with an Investigation?

First, it's important to understand what actions could be considered interference under New York law. Some examples include:

• Physically obstructing or preventing officers from carrying out their duties
• Providing false information to mislead investigators
• Destroying or tampering with evidence
• Encouraging witnesses not to cooperate
• Fleeing from lawful questioning by police

However, simply exercising your constitutional rights - like remaining silent or refusing to consent to a search - is NOT considered interference. The key is whether you are actively impeding the investigation, not just declining to assist.

Obstruction of Governmental Administration

In New York, interfering with a police investigation typically falls under the charge of Obstruction of Governmental Administration (OGA) in the Second Degree. This is defined in NY Penal Law § 195.05 as intentionally obstructing, impairing or perverting the administration of law or other governmental function, or preventing or attempting to prevent a public servant from performing an official function.OGA is a Class A misdemeanor, punishable by up to 1 year in jail. Some key things to know about this charge:

• It requires intent to interfere - accidental obstruction doesn't count
• The officer must be performing an "official function" at the time
• Physical force is not required, verbal interference can be enough
• Fleeing from lawful police questioning can qualify as OGA

Real-World Examples

To illustrate how this plays out in practice, let's look at some real New York cases:People v. Washington: The defendant fled on foot when officers attempted to question him about drug activity. He was convicted of OGA for intentionally preventing the officers from carrying out their investigative duties.People v. Hawkins: When police tried to arrest a driver for DWI, the defendant physically intervened to prevent the arrest. This direct interference led to an OGA conviction.People v. Powell: The defendant led police on a high-speed chase to avoid arrest. The court found this qualified as OGA by preventing officers from performing their official function.As you can see, actively evading or obstructing police attempts to investigate or make arrests can lead to OGA charges. However, simply declining to answer questions would not rise to this level.

Your Constitutional Rights vs. Obstruction

It's crucial to understand where your constitutional rights end and illegal obstruction begins. Here's a quick breakdown: As you can see, there's often a fine line between exercising your rights and crossing into obstruction territory. That's why it's so important to understand the nuances of the law.

How We Can Help

If you've been charged with Obstruction of Governmental Administration or a related offense for allegedly interfering with a police investigation, we're here to help. Our experienced criminal defense attorneys at Spodek Law Group know how to navigate these complex cases and protect your rights.We'll carefully examine the circumstances of your interaction with law enforcement to determine if your actions truly rose to the level of illegal interference. Often, we find that overzealous officers misinterpret constitutionally protected behavior as obstruction.Some potential defense strategies we may explore include:

• Challenging whether the officer was performing an "official function" at the time
• Arguing that any interference was unintentional
• Demonstrating that your actions were protected by the First Amendment
• Showing that the officer's commands were unlawful to begin with

Every case is unique, which is why it's crucial to have a skilled attorney review the specifics of your situation. We have a proven track record of getting OGA and related charges reduced or dismissed for our clients.

Know Your Rights, But Be Smart

While it's important to understand and assert your constitutional rights, it's equally important to avoid unnecessarily escalating situations with law enforcement. Here are some tips to keep in mind:

• Remain calm and polite, even if you believe the officer is in the wrong
• Clearly state "I do not consent to any searches" if asked
• Tell the officer "I'm choosing to remain silent and I want to speak to a lawyer"
• Don't physically resist, even if you believe an arrest is unlawful
• If you choose to record the interaction, do so openly and from a safe distance

Remember, the place to fight perceived police misconduct is in the courts, not on the streets. By staying cool and knowing your rights, you can avoid additional legal trouble while still protecting yourself.

Contact Us for a Free Consultation

If you're facing charges related to interfering with a police investigation in New York, don't wait to get experienced legal help. At Spodek Law Group, we offer free initial consultations to discuss your case and explore your options.Our attorneys have decades of experience defending against OGA and related charges throughout New York. We know how stressful these situations can be, and we'll fight tirelessly to protect your rights and freedom.Call us today at 212-300-5196 or contact us online to schedule your free case evaluation. Let us put our knowledge and experience to work for you.Remember, an arrest or charge is not the same as a conviction. With the right legal strategy, it's often possible to get interference charges reduced or dismissed entirely. Don't let a misunderstanding with law enforcement derail your future - reach out to Spodek Law Group today.