EDMUND MICHIE, ESQ. ∣ 30+ YEARS EXPERIENCE; CRIMINAL, TRAFFIC, DUI, WORKERS’ COMP ∣ CENTRAL VA
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Picture Edmund R. Michie, Attorney at Law

Ned Michie
​Attorney at law

Charged with

Obstructing Justice?

   Free Consultation and Reasonable Rates
Office in Charlottesville, Virginia


​
​(434) 296-1198
Call
Personal Attention to Every Case
Experience Matters
I've been honored to be chosen by multiple lawyers and law professors for
​legal representation of themselves or their family members on criminal and traffic cases. 
​Let me put my experience to work for you.

Obstructing Justice

The outcome of all criminal cases
can be greatly affected by:


Whether You Decide to Hire an Attorney
&
20 COMMON ISSUES and DECISIONS 
​

(follow the link to learn more)
Va. Code § 18.2-460. Obstructing justice; resisting arrest; penalty.  This section states as follows:
(click link to ensure latest version)

"A. If any person without just cause knowingly obstructs a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, any law-enforcement officer, or animal control officer employed pursuant to § 3.2-6555 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, law-enforcement officer, or animal control officer employed pursuant to § 3.2-6555, 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, any law-enforcement officer, or an animal control officer employed pursuant to § 3.2-6555 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, 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 § 18.2-248 or subdivision (a) (3), (b) or (c) of § 18.2-248.1, or § 18.2-46.2 or § 18.2-46.3, or relating to the violation of or conspiracy to violate any violent felony offense listed in subsection C of § 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 or an animal control officer employed pursuant to § 3.2-6555 who is in the course of conducting an investigation of a crime by another is guilty of a Class 1 misdemeanor."

Code 1950, § 18.1-310; 1960, c. 358; 1975, cc. 14, 15; 1976, c. 269; 1984, c. 571; 1989, c. 506; 1993, c. 747; 1996, c. 718; 1999, cc. 770, 800; 2002, cc. 527, 810, 818; 2003, cc. 111, 149; 2004, cc. 396, 435; 2007, cc. 220, 282; 2009, c. 242
Some Interpretation of  Parts of the Then-Existing Statute by the Courts
In Ruckman v. Commonwealth, 28 Va. App. 428, 429, 505 S.E.2d 388, ___ (1998) the Court of Appeals, quoting an early case, stated:

       “To constitute an obstruction of an officer in the performance of his duty, it is not necessary that there be an    actual or technical assault upon the officer, but there must be acts clearly indicating an intention on the part of      the accused to prevent the officer from performing his duty, as to ‘obstruct’ ordinarily implies opposition or        resistance by direct action. . . . It means to obstruct the officer himself not merely to oppose or impede the            process with which the officer is armed.” . . . [T]here is a broad distinction between avoidance and resistance or        opposition.  Jones v. Commonwealth, 141 Va. 471, 478-79, 126 S.E. 74, 77 (1925) (citation omitted).

    "As the Supreme Court has held, and as the plain language of the statute states, obstruction of justice does not occur when a person fails to cooperate fully with an officer or when the person's conduct merely renders the officer's task more difficult but does not impede or prevent the officer from performing that task."

Some of the related laws regarding resisting officers

Va. Code § 18.2-479.1. Fleeing from a law-enforcement officer; penalty.
(click link to ensure latest version)
​

"A. Any person who intentionally prevents or attempts to prevent a law-enforcement officer from lawfully arresting him, with or without a warrant, is guilty of a Class 1 misdemeanor.

B. For purposes of this section, intentionally preventing or attempting to prevent a lawful arrest means fleeing from a law-enforcement officer when (i) the officer applies physical force to the person, or (ii) the officer communicates to the person that he is under arrest and (a) the officer has the legal authority and the immediate physical ability to place the person under arrest, and (b) a reasonable person who receives such communication knows or should know that he is not free to leave.

2003, cc. 112, 805."
Va. Code § 18.2-464. Failure to obey order of conservator of the peace.
(click link to ensure latest version)
​

"If any person, being required by a conservator of the peace on view of a breach of the peace or other offense to bring before him the offender, refuse or neglect to obey the conservator of the peace, he shall be guilty of a Class 2 misdemeanor; and if the conservator of the peace declare himself or be known to be such to the person so refusing or neglecting, ignorance of his office shall not be pleaded as an excuse.
Code 1950, § 18.1-302; 1960, c. 358; 1975, cc. 14, 15."

Appointment Times and Places

​Are Set For Your C
onvenience

    I've joined the modern movement of using a home office, which allows me to charge more reasonable rates than traditional law offices.  Who do you think is ultimately paying for an attorney's office rent, secretaries, and paralegals? -- you, the client.  When you call my office for an appointment, you will talk to me directly and we will mutually agree on a convenient time and place to meet, which for most clients is not in downtown Charlottesville where parking can be a headache.  
​
    Unlike some lawyers, I will not pressure you to hire me.
It is an important decision, and it is worth taking the time to make the right choice.

     I also will not give you unrealistic promises about how your case will turn out.

​It is always my goal to give you my honest opinion about the good, the bad, and the ugly of your case.
For a free consultation and/or to set up an appointment: 
Contact me.


(Click here for ore information about the consultation and fees)
​
​Edmund "Ned" Michie

Ph (434)296-1198


E-mail Contact

Mailing Address
(For All Business Correspondence)
P.O. Box 11
Charlottesville, VA 22902


Physical Home Office Address
1704 Concord Dr.
Charlottesville, VA 22901
(No Client Meeting Space)
Website's Legal Information:  

     The information provided on this website is public and is for general informational purposes only. It is not legal advice or counsel for any person's individual situation and should not be used as such. Mr. Michie is licensed to practice law only in the Commonwealth of Virginia, and all general legal information contained herein is applicable only in Virginia.    

      The information on this website does not establish any form of attorney-client relationship with Mr. Michie, nor does it create any implied contract or warranty.

     The legal information, the quoted Virginia statutes, and other legal references are checked and updated periodically, but the law changes constantly  -- which is another reason that actually retaining a lawyer is important.

    The latest version of laws can be found on primary Internet sources. (For example, the current versions of Virginia Statutes are available at the Va. Legislative Information System.)   
Keep in mind, however, that the most current version of a statute
​may not even be the version applicable to your case.

While we attempt to maintain the information on this website as accurately as possible, ​this information may contain errors or omissions, for which we disclaim any liability.


Please call Mr. Michie directly  at (434) 296-1198 if you have legal issues he may be able to help you with.  


Privacy
​

​​      Mr. Michie does not collect any identifiable personal information from you by your use of this website, unless you voluntarily choose to submit or otherwise disclose such information to him, including information submitted or disclosed by e-mail, filling out the embedded contact form, snail mail, telephone, fax, or other methods.  
​
    ​If you choose to communicate directly with Mr. Michie, all information you share is kept confidential per Legal Ethics Rules.  Mr. Michie may retain for his own records the content of your communication,
along with your contact information and any responses.

    The website collects general information about site traffic in order to make improvements to it. ​
  • Home
    • Do You Need a Lawyer for "minor" criminal or traffic cases?
  • Legal Services
    • Workers' Compensation
    • Criminal Law >
      • Abusive Language
      • Assault and Battery
      • Disorderly Conduct
      • Drug Possession
      • Larceny / Shoplifting
      • Obstructing Justice
      • Violating Court Requirements
      • Other Common Criminal Charges
    • DWI / DUI / DUI Drugs >
      • Other Alcohol Offenses
    • Traffic and Motor Vehicle Cases >
      • Driving Suspended, Revoked or as H.O,
      • Eluding Police
      • Fail to Yield
      • Hit & Run / Leaving Scene
      • Passing School Bus
      • Reckless Driving
      • Speeding / Speeding Reckless
      • Trucker Violations
      • Other Traffic Violations
    • Restoration of Rights >
      • Driving Privileges
      • Expungements
      • Gun / Firearm Rights
    • Personal Injury / Auto Accidents
  • About
    • Reasonable Fees and Free Consultation
    • Service Area >
      • Albemarle County Courts
      • Charlottesville City Courts
      • Fluvanna County Courts
      • Greene County Courts
      • Louisa County Courts
      • Madison County Courts
      • Nelson County Courts
      • Orange County Courts
      • Waynesboro City Courts
  • Contact
  • Blog