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Daytona Beach Attorneys Describe How to Beat Obstruction Charges


Daytona Beach Attorneys Describe How to Beat Obstruction Charges

Getting charged with obstruction of justice can be scary. But don’t worry — me and my fellow Daytona Beach attorneys know how to fight these charges. Let me break it down for you real quick.

What Exactly is Obstruction of Justice?

Basically, obstruction charges mean the cops think you deliberately interfered with their investigation or court proceedings. There’s a few different ways you could get hit with obstruction — like hiding evidence, threatening witnesses, or lying to police. Obstruction charges are no joke — it’s a felony in Florida.

Common Defenses Against Obstruction of Justice Charges

Luckily, we got plenty of solid defenses to beat these raps. Let me outline some of the main ones:

  • You lacked criminal intent – we can argue you didn’t deliberately try to obstruct anything.
  • Your actions didn’t actually obstruct the investigation – we can dispute whether you truly interfered.
  • You were falsely accused – cops make mistakes sometimes.
  • Your statement wasn’t material – if a lie isn’t important, it ain’t obstruction.

My favorite is going after intent. We can get charges tossed if we convince the judge you weren’t trying to obstruct on purpose. Pretty sweet loophole if you ask me!

Using the First Amendment as a Shield

Check this out — even if you said something misleading to police, you might be protected by the First Amendment. That bad boy gives us freedom of speech. We can argue your false statements were just opinions, not deliberate lies. Boom! Obstruction charges vanished.

Leaning on Precedent

We also dig through previous court decisions to help your case. Like in Brogan v. U.S., the Supremes said simple denials of guilt aren’t enough to prove obstruction. We can use cases like that to chip away at the prosecution.

Negotiating Plea Deals

Now I know you’re thinking — Tim, you’re the best lawyer ever, you’ll get me off for sure! Don’t worry, your secret is safe with me. But real talk — we might have to play ball with the DA and cop a plea. Obstruction charges ain’t no joke. A deal could mean less jail time or probation. Just putting that out there as an option.

Finding Technicalities and Loopholes

Check this out — it’s crazy how many little technical fouls can spoil the prosecution’s whole case. Like if the cops didn’t read you your rights or violated procedure when they arrested you. Boom — charges dismissed over bullcrap like that. We scour the reports for any slip-ups by the cops.

Humanizing You to the Jury

If we do go to trial, a big part of my job is making you sympathetic to the jury. I spend a ton of time working on your backstory, character witnesses, highlighting your contributions to the community, etc. Anything to make jurors relate to you on a human level, feel compassion, and not just see you as some “criminal.” This stuff can make or break a case.

In Conclusion…

Beating obstruction charges in Daytona Beach is tough, but doable if you lawyer up. Having an experienced attorney in your corner — someone who knows all the defenses and technical loopholes — is critical. And that’s where me and my team come in! So holler at your boy if you ever get jammed up with an obstruction charge. We’ll fight to get that crap dismissed.

Your friend,

Tim “The Lawyer” Smith


Brogan v. United States

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