Legal Question in Criminal Law in Virginia
Obstruction of justice
A warrant was being served on my home. I was sitting in a chair where the officers told me I could sit. My wife asked an officer something. His said, �SHUT UP!� I asked him �Sir, can you be nicer to my wife? There�s no reason to be rude.� He told me, �SHUT UP!� I asked him, �Why are you treating me this way? Why are you acting like this?� His response, �SHUT UP!� I then asked him, �Do I have freedom of speech? Do I have a right to talk to you?� He said, �Yes�. I stated, �To protect and to serve, Sir. Not be rude.� He yelled, �SHUT UP!� I asked, �Sir do you have a business card?� He Stated, �This is not a business situation and if you say one more word I�ll arrest you!� He started to walk away. I asked my wife, �Since I can�t talk to this officer can you ask him for a business card�? The officer spun around while screaming, �That�s it� arrested me. In front of the migrate who took the charge he stated under oath, �He asked me to be nicer to his wife. We had an exchange of words. He asked me for a business card at witch point I arrested him for obstruction of justice.� Note: I never raised my voice, cursed, made aggressive move, or even stood up. Did he violate my freedom of speech rights? How did I obstruct justice?
2 Answers from Attorneys
Re: Obstruction of justice
No, as to your first inquiry, and, as to the second, the charge of your obstructing justice is not likely to stand (in my opinion).
Re: Obstruction of justice
It seems that they will have a difficult time proving the obstruction of justice charge assuming the officer's version of the event is the same as yours.
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