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Obstruction of Justice???

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Kevin299

Junior Member
Hi, My name is Kevin and I live in Wisconsin. Yesterday, after a Badger game, one of my friends got into a scuffle with someone after at a bar. Myself and another friend (we'll call him Andy) of mine were able to separate them and everything was fine. Then we tried entering a bar and the bouncer wouldn't let my friend (Andy) in because he thought he was the one who got in the fight.

So my friend Andy started yelling at the bouncer, while I stood off to the side. I tried getting him to leave but he is about 6'5'' and 240, so he wasn't going anywhere he didn't want to go. All of a sudden, a cop with an extreme napoleon complex took my friend Andy to the ground. I started walking away and the bouncer told the cop I was with him, so the cop made me come back by him.

The cop was screaming, swearing, and being completely unprofessional. Apparently he was called to the area because of the previous fight that I helped break up. Anyways, he wrote up two "obstructing a PEACE officer" for me and Andy, $429 a piece. I told him that I am definitely going to court with it and asked him if I'd see him there, he said "no f***ing way."

So my question is, if I take this court, do I have a chance to get it dropped or at least reduced? Also, what kind of trouble am I in having this on my record? Is it a misdemeanor? Will it always be on my record?

Also, he also didn't breathalyze us, so there's no definite proof that we even had any alcohol in our systemWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


justalayman

Senior Member
unless you were charged for an alcohol related offense, whether you drank or not isn't really relevant. If you got a ticket, I would have to guess the cop saw you as being involved in the situation. Without knowing why the officer issued you a citation, it is difficult to guess as to your chances of beating anything.

btw: tell your belligerent friend that if a bar owner, bouncer, whatever says you aren't coming in, you have no legal right to anything different. It doesn't matter if your friend was involved in the fight or not. No means no.

do you have a specific statute you are being charged with?
 

Kevin299

Junior Member
he said he was there to investigate the fight, and we obstructed him from the investigation, but I literally did nothing but stand there and walk away prior to him calling me over, as I didn't think I had done anything that warranted a police officer's intervention. When asked how I obstructed him, he wouldn't give me an answer and kept saying "do you want to go to jail?"

I asked his fellow officers what I did because I was just standing there, and they said they didn't know. I've never gone to court before, so I am really just curious as to what I should do before the court date.
 

CdwJava

Senior Member
Yesterday, after a Badger game, one of my friends got into a scuffle with someone after at a bar. Myself and another friend (we'll call him Andy) of mine were able to separate them and everything was fine. Then we tried entering a bar and the bouncer wouldn't let my friend (Andy) in because he thought he was the one who got in the fight.
Bouncers tend to do that. They have a right to refuse entry or service to people they think had caused a problem.

So my friend Andy started yelling at the bouncer, while I stood off to the side.
Your friend REALLY thought that yelling at the bouncer was going to get him inside?? That probably works as well as yelling at the ref in a football game.

All of a sudden, a cop with an extreme napoleon complex took my friend Andy to the ground. I started walking away and the bouncer told the cop I was with him, so the cop made me come back by him.
I am not familiar with a "Napolelon complex," but I assume the officer felt it prudent to end the confrontation and took steps to do so.

The cop was screaming, swearing, and being completely unprofessional.
Okay. You and your friend can make a personnel complaint to the agency due to his language.

So my question is, if I take this court, do I have a chance to get it dropped or at least reduced? Also, what kind of trouble am I in having this on my record? Is it a misdemeanor? Will it always be on my record?
The state does not drop charges without a reason. If the state's attorney (the prosecutor) feels the case has merit, he will pursue it. If he feels that he cannot prove the elements of the offense beyond a reasonable doubt, you may show at your arraignment and find that the state has decided not to pursue the matter. If it goes to trial, then the state has to prove its case.

In any event the first hearing is likely the arraignment and the officer likely does not have to be there. Your state might require an officer at arraignment, but I don't think so.)

This is likely a misdemeanor (and you'd have to post the code section for us to check for sure, but you don't get released with a ticket on a felony). And, yes, if convicted it stays on your criminal history forever unless you have it expunged (if possible in your state) or unless your state has some unusual drop period where misdemeanors fall off your record after time (and I doubt it).

Also, he also didn't breathalyze us, so there's no definite proof that we even had any alcohol in our system
I did not read that you were arrested for DUI or that alcohol is an element of the offense for which you were arrested ... was it?

Even so, the odor of alcohol emanating from your person, or lingering on your breath is usually sufficient to establish that you had been drinking.

If you did not take any action to obstruct the officer, and came back immediately when he called for you, then I can't see that the charges against you will go too far.
 

CJane

Senior Member
Funny. A "Napolean Complex" generally refers to a very short man with an attitude problem.

So, your friend who is 6'5" and 240lbs and impossible for YOU to convince to leave/drag away from the bouncer, but a very small officer was able to "take him to the ground"?
 

Kevin299

Junior Member
It was in Madison Wisconsin. I was wrong before, my friend's ticket was 429 but thats because he had a 5.06 (2), whereas mine was only a 5.06 (1)... unfortunately the upper right corner of my ticket got ripped off in my jeans last night, and thats the part that had the price of my ticket on it. I originally assumed me and my friend had the same ticket, but I was wrong.

Anyways, do either of us have anything to worry about other than the money?
 

CdwJava

Senior Member
Here is the whole section:

5.06 ASSISTANCE IN MAKING ARREST - LIABILITY FOR RESISTING OR OBSTRUCTING AN
OFFICER.

(1) Whoever, without reasonable excuse, refuses or fails upon command, to aid any person known to him to be a peace officer may be fined not more than one hundred dollars ($100). This section does not apply if under the circumstances the officer was not authorized to command such assistance.

(2) Whoever knowingly resists or obstructs an officer while such officer is doing any act in his official capacity and with lawful authority, may be fined not more than five hundred dollars ($500).

In this section:
(a) “Officer” means a peace officer or other public officer or public employee having the authority by virtue of his office or employment to take another into custody.

(b) “Obstructs” includes without limitation knowingly giving false information to the officer or knowingly placing physical evidence with intent to mislead the officer in the performance of his or her duty including the service of any summons or civil process.

(Am. by Ord. 9977, 3-14-90)

(3) Whoever hinders, delays or prevents an officer from properly serving or executing any summons or civil process, is civilly liable to the person injured for any actual loss caused thereby and to the officer or his superior for any damages adjudged against either of them by reason thereof.​
 

cyjeff

Senior Member
Why did the officer take your friend to the ground?

There is much more going on here that you are saying....

So, your friend finally says something threatening to the bouncer or the cop and the cop takes him to the ground for his trouble.

You, being the good buddy you are, decide it is time to vanish... even though the cop told you to hang around and answer questions.

Yeah, I know you didn't say that... but how else would he know you weren't there.

You decide to vanish... and get caught leaving the scene after being told not to.

That is a reach on the obstruction charge... but it could stick.

It could have been the officer's way of making a point... especially to your belligerent friend.

One more question... how come the cop has a "complex" when yelling but your buddy gets into a fight with everyone in a country mile and that seems to be okay?

If anyone needs psychiatric help here, I am thinking it is your friend.
 

Dave1952

Senior Member
Anyways, he wrote up two "obstructing a PEACE officer" for me and Andy, $429 a piece. I told him that I am definitely going to court with it and asked him if I'd see him there, he said "no f***ing way."

If the cop does not intend to show up then there is no case. His testimony is needed to show obstruction.

Good luck
 

CdwJava

Senior Member
Since the first hearing is likely the arraignment, if Wisconsin is the same as most other states, the officer will not need to be there. If the OP heard the officer right, that he may have been what he was referring to - that he wouldn't be at court for the hearing date on the cite.
 

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