What is Obstruction of Justice?

Full question:

My mother was riding on the back of a motorcycle the police turned their siren on and followed mom and the driver back to the house. Upon arrival the driver was thrown to the ground and my mother stood around waiting to see what they would do to her. The officers then told us to go inside, which we did. They then came to the door asking where the passenger of the bike was and mom started walking towards him, another lady pointed at mom and said thats her. They handcuffed her and she asked my sister in law "what the fuck are they arresting me for". She was charged with Obstruction of Justice and we aren't sure why. She did everything they asked of her and she cooperated. They also got her with drunk in public, they asked had she had anything to drink and she answered honestly, Yes. They never did a breathaylzer nor any other sobriety testing. I guess my question is how did they get an Obstruction of Justice charge on her?

  • Category: Courts
  • Subcategory: Legal Definitions
  • Date:
  • State: Virginia

Answer:

The following is a Virginia statute:

Section 18.2-460. Obstructing justice.

A. If any person without just cause knowingly obstructs a judge,
magistrate, justice, juror, attorney for the Commonwealth, witness or any
law-enforcement officer in the performance of his duties as such or fails
or refuses without just cause to cease such obstruction when requested to
do so by such judge, magistrate, justice, juror, attorney for the
Commonwealth, witness, or law-enforcement officer, he shall be guilty of
a Class 1 misdemeanor.

B. Except as provided in subsection C, any person who, by threats
or force, knowingly attempts to intimidate or impede a judge,
magistrate, justice, juror, attorney for the Commonwealth, witness, or
any law-enforcement officer, lawfully engaged in his duties as such, or
to obstruct or impede the administration of justice in any court, is guilty of a Class 1 misdemeanor.

C. If any person by threats of bodily harm or force knowingly
attempts to intimidate or impede a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, or any law-enforcement officer, lawfully engaged in the
discharge of his duty, or to obstruct or impede the administration of
justice in any court relating to a violation of or conspiracy to violate
Section 18.2-248 or subdivision (a) (3), (b) or (c) of Section
18.2-248.1, or Section 18.2-46.2 or Section 18.2-46.3, or relating to the violation of or conspiracy to violate any violent felony offense listed in subsection C of Section 17.1-805, he shall be guilty of a Class 5 felony.

D. Any person who knowingly and willfully makes any materially false
statement or representation to a law-enforcement officer who is in the
course of conducting an investigation of a crime by another is guilty of
a Class 1 misdemeanor.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.