South Carolina OBSTRUCTION OF CRIMINAL INVESTIGATIONS
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FAQ
Misleading or lying to investigators is a typical example of federal obstruction of justice. Bribing a government official, destroying evidence, or giving a false alibi to protect a friend or family member are also classic examples of obstruction of justice.
Preservation of Evidence Requirements Section 17-28-320 requires that the evidence be preserved until the convicted person is released from incarceration, dies while incarcerated or is executed.
South Carolina Code 17-25-65 allows the State to seek a reduction in a defendant's sentence where they haveprovidedsubstantial assistance to the State. Judges do not make the law, rather they apply the laws enacted by the GeneralAssembly.
The criminal penalties for obstruction of justice in a federal case range from non-prosecution to probation and include up to five years in prison and substantial fines. In some cases, the potential federal prison term can go even higher, up to 20 years. Penalties vary at the state level.
Obstruction of justice: SC Code § 16-9-340 makes it a felony punishable by up to ten years in prison to 1) ?intimidate or impede a judge, magistrate, juror, witness, or potential juror or witness? by force or 2) ?destroy, impede, or attempt to obstruct or impede the administration of justice in any court.?
If you interfere with or impede a criminal investigation or the prosecution of a crime, you have committed a crime, specifically obstruction of justice. The act should have been committed with criminal or corrupt intent and the effect of the act on criminal investigation or prosecution should be reasonably foreseeable.
Federal Obstruction of Justice Witness tampering, bribing juries, and destroying evidence are examples of obstructions at the federal level. Anyone who tampers with evidence with the intent to obstruct justice in a federal court case may face upwards of 20 years in prison.
(2) destroy, impede, or attempt to obstruct or impede the administration of justice in any court. (B) A person who violates the provisions of subsection (A) is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than ten years, or both. HISTORY: 1980 Act No.