What to do if I was charged with obstruction of the judicial system for deleting data on my phone while it was in police custody?
Question Details: I did it after i was arraigned. Does the arraignment count as a "pending judicial proceeding"? I was also charged with disorderly conduct and that was dismissed with prejudice. How is it possible to later be charged with obstruction if the charge was dismissed with prejudice. That means the judicial proceeding is over, right?
Yes, arraignment is a pending judicial proceeding. This is all part of the criminal proceeding. Disorderly conduct being dismissed with prejudice means you cannot be charged again for it under these circumstances regarding this matter. Obstruction of judicial system is different than disorderly conduct and do not have the same elements. One doesn't preclude a charge for the other.
Rate This Answer:
Not Yet Rated
The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you go to AttorneyPages.com
and retain an attorney to represent you.