Legal Question in Criminal Law in Virginia

In the state of Virginia, can a 1) known or 2) potential witness (in either case, someone not at all suspected of criminal activity - purely a witness) be charge or convicted of obstruction of justice for refusing to say anything to an investigating police officer. If you say not a word (beyond identifying yourself if required by law) can you be charged with obstruction of justice? Is silence criminal (under investigative, not court proceedings)? If so, which part of the Virginia code justifies that charge?


Asked on 3/26/10, 2:13 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

A viable charge alleging obstruction of justice requires some overt or affirmative

act on the part of such person accused to obstruct a police investigation, tamper with evidence, intimidate witnesses, etc., and (as far as I am aware) cannot be procured merely through the silence of such person or by his or her refusal to

talk with law enforcement officials.

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Answered on 3/31/10, 2:29 pm


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