Avoiding ‘Obstruction of Justice’ Charges During Investigations

Avoiding ‘Obstruction of Justice’ Charges During Investigations

Obstruction of justice charges can come up when you least expect it during an investigation. Even if you think you’re cooperating fully, prosecutors may see things differently. So it’s important to understand what actions could be considered obstruction, and how to avoid accidentally crossing that line.

What is Obstruction of Justice?

Obstruction of justice basically means interfering with an official investigation or court case. There’s a bunch of federal laws about this, but no single “obstruction” law. Instead, charges often involve:

• Witness tampering
• Destroying or hiding evidence
• Making false statements
• Attempting to influence jurors or court officials

So obstruction charges can cover lots of ground. The laws are broad and open to interpretation about what crosses the line.
For example, last year the Supreme Court said that “obstruction is often most effective” when it prevents an investigation from even starting in the first place
¹
. So you don’t actually need an existing investigation to face these charges later on.

Why These Charges Are So Common

Obstruction charges have become a “shortcut” offense for prosecutors
²
. They’re easier to prove than some other crimes. And they can be tacked onto almost any investigation, even for minor issues.
So prosecutors may claim obstruction even if they don’t have solid evidence of another crime. Some call this a “consolation prize” when they can’t directly prove what they’re investigating
³
.

Common Examples of Obstruction

You may think you’re cooperating, while prosecutors argue otherwise. Some common situations include:

• Lying or misleading: Even unintentional false statements could be obstruction if they significantly impact an investigation.
• Withholding information: Failing to volunteer relevant information, or waiting too long to produce records.
• Witness tampering: Discouraging others from cooperating, or coordinating stories.
• Document destruction: Deleting relevant emails, texts or files. Even if you’re just “cleaning up” old records.

Defense lawyers complain this makes obstruction charges too subjective
³
. But prosecutors often see bad intent in routine actions during an investigation.

Avoiding Obstruction Charges

So how can you avoid obstruction charges when facing an investigation? Here’s some common advice:

• Cooperate fully and voluntarily, no matter how minor an issue seems.
• Never delete or destroy records after learning of an investigation.
• Avoid even unintentional false statements. Say you don’t recall if unsure.
• Don’t discuss the investigation with others, or compare stories.
• If contacted, get experienced legal counsel immediately.

But even if you follow this advice, obstruction charges are still possible. Prosecutors have a lot of flexibility on how to interpret actions.
And you may not even know you’re under investigation early on. Many charges come from unrelated inquiries that take a surprise turn
⁴
.
So obstruction risks are always lurking with any investigation. Understanding the laws can help avoid accidentally making missteps. But working closely with experienced attorneys is key for guidance on how to respond.

The Bottom Line

Obstruction of justice is a broad term covering lots of potential actions. Even unintentional mistakes could lead to charges.
So being extremely cautious is necessary with any investigation. False statements, withholding information, or destroying records could all be seen as obstruction.
It’s impossible to avoid risks completely. But working promptly and openly with legal counsel gives you the best chance to get through an investigation without facing accusations.
Obstruction may be a convenient “shortcut” for prosecutors. But understanding the laws can help reduce chances of getting tripped up.
References:

1. Supreme Court Opinion – Pugin v. Garland
2. Obstruction of Justice: Redesigning the Shortcut
3. Why Obstruction of Justice Is a Hard Crime to Prove
4. Avoiding Obstruction of Justice Statutes During Investigations