Can You Be Charged with Obstruction or Hindering Prosecution in Delaware?
Most folks assume that only a criminal defendant can face criminal charges. However, those who interfere with police investigations or help a potential defendant avoid being arrested can also face prosecution. Delaware law makes it illegal to obstruct or hinder a criminal prosecution. You can face very serious consequences if law enforcement believes you impacted the outcome of a case.
If you’re currently facing charges or have been accused of helping another party avoid prosecution, it’s important to understand how prosecutors approach the situation, what they must prove, and what defenses are available.
What is hindering prosecution?
The crime of hindering prosecution usually involves rendering intentional assistance to another person to prevent them from being arrested, prosecuted, or convicted. The assistance you render does not (necessarily) have to be helping someone escape. You can be accused of hindering a prosecution by:
- Hiding or sheltering an individual who is wanted by the police
- Warning a suspect that they are being targeted by law enforcement
- Providing transportation to someone to help them avoid arrest
- Destroying evidence connected to a crime
- Providing an accused party with money, weapons, or other resources
How serious the charge you will face is depends entirely on the severity of the underlying offense committed by the accused.
What is obstruction?
Obstruction, on the other hand, involves interfering with law enforcement officers or the general administration of justice. Pertinent examples include:
- Providing investigators with false information
- Interfering with law enforcement during the performance of their lawful duties
- Refusing to comply with a court order
- Preventing officers from collecting evidence
It’s important to understand that exercising your constitutional rights (such as remaining silent or asking for an attorney) will never constitute obstruction. You have the right to avoid self-incrimination, and you should not feel pressured to answer questions without an experienced Wilmington criminal attorney present.
Your intent is important
Intent is among the most important elements of a hindering or obstruction prosecution. Prosecutors are required to prove that the defendant knowingly and intentionally interfered with an investigation for the purpose of assisting another individual to avoid prosecution.
For example, if you unknowingly give a ride to someone who has an outstanding warrant, it is very different than intentionally helping someone flee after learning that police have a warrant out for their arrest.
Likewise, if you accidentally delete information, it’s not necessarily considered hindering or obstruction. But deliberately destroying evidence to prevent the prosecution from making their case would be considered obstruction.
Possible defenses
While every case is different, there are many defenses that apply in obstruction cases. These include:
- You didn’t know the person was wanted by law enforcement
- There was no attempt to interfere with law enforcement
- The police mistook you for someone else
- The evidence is unreliable or lacking
- The police violated the Constitution during the investigation
A skilled Wilmington, DE, criminal defense attorney can examine the witness statements and other evidence to determine whether the prosecution can prove all the elements required for an obstruction prosecution.
Michael W. Modica represents the interests of those charged with crimes in Delaware.
