Interfering with Judicial Proceedings

TUCSON CRIMINAL DEFENSE LAWYER

One of the more common charges in Arizona's misdemeanor courts is "Interfering with a Judicial Proceeding" pursduant to ARS 13-2810.  While this misdemeanor offense is a far cry from being the crime of the century, it is absolutely a crime that judges and prosecutors take very seriously.  Courtrooms have rules of decorum which must be followed to avoid possible contempt or even misdemeanor charges.  Loud outbursts, communicating with an inmate, even using a cell phone can violate these rules.  Further, criminal courts, family law courts, civil courts, etc. all issue certain orders to parties, which of course a party must follow.  Court orders may include staying away from a particular person or location, not harassing a particular person, and more. 
NOTE:  Under some circumstances, a defendant may be required to follow certain "conditions of release" during the pendency of a criminal case; this means that a violation of release conditions could result in a defendant being taken into custody, forfeiting posted bail.

IF YOU OR A LOVED ONE HAS BEEN ARRESTED OR CHARGED WITH INTERFERING WITH JUDICIAL PROCEEDINGS, CONTACT A TUCSON CRIMINAL DEFENSE ATTORNEY NOW TO DISCUSS YOUR CASE.  FREE CONSULTATIONS 520-585-5757.

How Does Arizona Law Define “Interfering With Judicial Proceedings?"

ARS 13-2810 is the Arizona statute that defines the crime of interfering with a judicial proceeding. A person commits this offense when they knowingly commit some act, or fail to fulfill a court-ordered duty, in relation to a court proceeding (for example, refusal to be sworn in as a witness). 

"Interfering with judicial proceedings; classification
A. A person commits interfering with judicial proceedings if such person knowingly:
1. Engages in disorderly, disrespectful or insolent behavior during the session of a court which directly tends to interrupt its proceedings or impairs the respect due to its authority; or
2. Disobeys or resists the lawful order, process or other mandate of a court; or
3. Refuses to be sworn or affirmed as a witness in any court proceeding; or
4. Publishes a false or grossly inaccurate report of a court proceeding; or
5. Refuses to serve as a juror unless exempted by law; or
6. Fails inexcusably to attend a trial at which he has been chosen to serve as a juror.
B. Interfering with judicial proceedings is a class 1 misdemeanor"

To prove their case, the prosecution must show (beyond a reasonable doubt) that the defendant knowingly disobeyed or resisted the lawful order, process, or other mandate of a court.  The state will have to show not only that the court order was made, but that the defendant was made aware of the court order, and that it was not so ambiguous that it was unclear which conduct would violate the order.

Interfering with Judicial Proceedings is a Class 1 Misdemeanor.  If convicted, a person can be sentenced to serve up to 6 months in jail, pay a fine of up to $2,500, and serve up to 3 years of probation. The Court may impose additional terms, like classes, treatment, and, yes, more court orders to follow.  Note that these are the maximum penalties, and that a sentence can be reached that does not involve any jail time (and sometimes no conviction at all).

What Defenses Apply?
A person accused of a crime under this statute can challenge the accusation with a legal defense. A few common defenses to these charges include:

• lack of knowledge of the order,
• lack of understanding of the order (the order must itself be unclear),
• false accusations (common with restraining orders),
• mistaken identity (someone else did the act that would violate an order if done by the defendant),
• there was an emergency, and/or
• a court order was not lawful in the first place.

Defending Interfering with Judicial Proceedings cases may entail proving that a defendant was not aware of a court order (difficult if the order was entered in open court with the defendant present), that the order was vague or unlawful, that the evidence of a violation of the order is fabricated, that the evidence of a violation is insufficient to meet the state's burden, as well as attempting to explain the violation as justified, thereby reducing or eliminating the penalty. 

To discuss a specific case, contact the Tucson Defenders today for a FREE CONSULTATION with an experienced criminal defense attorney.  We can go over the facts of your case, begin to evaluate any defenses, and answer any questions you may have about the charges or the process.

Related Offenses

• Stalking – ARS 13-2923,
  
• Threatening or intimidating – ARS 13-1202, and/or
  
• Failure to appear – ARS 13-2507 and ARS 13-2506.
  

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ARIZONA STATE CRIMINAL LAW LINKS:
Pima County Superior Court
Tucson City Court
Pima County Justice Court
Pima County Sheriff Inmate Locator
Tucson Police Department
Pima County Sheriff