Interfering with Judicial Proceedings – Arizona
At Oliverson Law DUI & Criminal Defense, our owner, Derek Oliverson, is a former presiding judge who has handled thousands of cases involving individuals charged with Interfering with Judicial Proc…
Interfering with Judicial Proceedings in Arizona – A.R.S. 13-2810
At Oliverson Law DUI & Criminal Defense, our owner, Derek Oliverson, is a former presiding judge who has handled thousands of cases involving individuals charged with Interfering with Judicial Proceedings. He presided over and issued thousands of orders of protection and injunctions against harassment. He knows the ins and outs of this process and how to aggressively fight this charge.
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 chose to serve as a juror.
The most common charge under this statute falls under section 2, when someone disobeys a lawful order or mandate of a court. When a court issues an Order of Protection or an Injunction Against Harassment, if the person is properly served and then violates the terms of the order, then they can be charged with “interfering with judicial proceedings”. Interfering with Judicial Proceedings is a Class one (1) misdemeanor. There are no mandatory minimum penalties for this conviction, but the court will have the discretion to impose the following:
Over 30 Years of Collective Experience
• Up to 6 months in jail; • Up to 3 years of probation; • Up to a $2,500 fine plus court surcharges; • Anger management and/or domestic violence counseling; • Community work service hours; • Any other term the judge finds appropriate.
Former Judge and Prosecutors
If a person is convicted of Interfering with Judicial Proceedings due to a violation of an Order of Protection then the court will be required to order the defendant to complete a minimum 26-week domestic violence counseling program.
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POSSIBLE DEFENSES In order for the State to successfully prosecute this charge they will have to prove that the defendant was properly served prior to the alleged violation. There are specific requirements that must be followed in order for there to be proper service. Without proper service there can be no conviction for violating the order.
Team Approach to Your Case
There are additional defenses that can be raised regarding the State’s proof of the alleged violation and whether the order was still in effect.
The Power of a Team
OLIVERSON LAW CAN HELP If you have been charged with Interfering with Judicial Proceedings, the experienced and aggressive criminal defense attorneys at Oliverson Law DUI & Criminal Defense can help you today.
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As former prosecutors, police officers, and judges, our attorneys have experience on all sides of the law. This insight allows them to better defend your case.
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Frequently Asked Questions
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 chose to serve as a juror.
The most common charge under this statute falls under section 2, when someone disobeys a lawful order or mandate of a court. When a court issues an Order of Protection or an Injunction Against Harassment, if the person is properly served and then violates the terms of the order, then they can be charged with “interfering with judicial proceedings”. Interfering with Judicial Proceedings is a Class one (1) misdemeanor. There are no mandatory minimum penalties for this conviction, but the court will have the discretion to impose the following:
• Up to 6 months in jail; • Up to 3 years of probation; • Up to a $2,500 fine plus court surcharges; • Anger management and/or domestic violence counseling; • Community work service hours; • Any other term the judge finds appropriate.
If a person is convicted of Interfering with Judicial Proceedings due to a violation of an Order of Protection then the court will be required to order the defendant to complete a minimum 26-week domestic violence counseling program.
POSSIBLE DEFENSES In order for the State to successfully prosecute this charge they will have to prove that the defendant was properly served prior to the alleged violation. There are specific requirements that must be followed in order for there to be proper service. Without proper service there can be no conviction for violating the order.
There are additional defenses that can be raised regarding the State’s proof of the alleged violation and whether the order was still in effect.
Charged With Interfering With Judicial Proceedings?
These charges can compound existing legal problems. Our attorneys know how to defend against judicial interference allegations. Former judge, prosecutor, and police officer on your side.