Legal Question in Criminal Law in California

obstruction of justice charges

Hello,

I was arrested last night for obstruction of justice pc148(1)(a) in El Dorado County, CA. It is a misdeameanor citation. I was handcuffed and placed in back of the car and then released at home.

Three police came to my door looking for a friend of mine. His car was parked in front of my house. I told them he was here earlier but I did not know where he is now. They said I was lying and that I was hiding him in my garage which was untrue. They kept saying I was lying and they would arrest me if I dont tell them the truth. I did not know where he was. THey found him in my backyard and arrested me. Am I guilty of a misdeameanor if someone is apprehended in my yard? I honestly had no knowledge of his location. They almost arrested my girlfriend and sent our child to CPS because she told them the same thing. THey said she was lying to protect me but we were telling them everything we knew. I am very worried about what happens now. I have to appear in court 9/15/07 now.

What should I do or not do now?


Asked on 7/24/07, 12:42 pm

1 Answer from Attorneys

David Kaloyanides David J.P. Kaloyanides, A Professional Law Corporation

Re: obstruction of justice charges

Get a good lawyer. Telling the police that you did nothing wrong gets you nowhere. If they believe you have committed a crime, they will arrest you or cite you and submit their report to the district attorney for prosecution. It is the district attorney that will decide whether to charge you with any crime. Simply because you deny knowing anything about the whereabouts of this individual is not enough to prevent the charges against you. That is a matter for the jury to decide--who is telling the truth. The prosecutor has to prove you committed a crime. What you should do is get a lawyer before your court date. Otherwise, if you qualifiy, you will be appointed a public defender. But don't waste your time trying to convince the police that you did nothing wrong. They won't believe you and they make a report of everything you say in order to try to use it against you.

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Answered on 7/24/07, 2:16 pm


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