What the charge is called in New York
New York's Penal Law does not use the phrase obstructing an officer. The charge people usually face is obstructing governmental administration, and it often appears on the same complaint as resisting arrest or disorderly conduct. Each of those charges has its own elements, and the prosecutor has to prove each one separately. What tends to be at issue in an obstruction count is whether something more than words was involved, usually some form of physical interference, and whether the officer was carrying out an authorized official function at that moment. Arguing, asking questions, or saying you do not consent to a search is generally not the same thing as obstructing, although the way an encounter is written up can make it sound otherwise. Other states use different names and draw these lines in their own ways.
Video and witnesses fade quickly
Encounters like this are often recorded by body-worn cameras, by bystanders, by building cameras, and by the phone in your own pocket. Private and store footage is commonly overwritten within a short window, so tell your lawyer early where you noticed cameras. Keep any video you took yourself in its original form, and do not edit, trim, or post it, because the unedited file and its metadata are what matter. Pass along the names and contact details of people who were there. Do not reach out to the officers involved or give statements to the department about the incident before getting legal advice, because those statements can become part of the case.
The first decisions after arraignment
After an arrest in New York, the next step is arraignment, where the charges are read, you have a lawyer beside you, and the judge addresses release. Many obstruction cases are charged as misdemeanors and stay in the local criminal court rather than going to a grand jury, although a related felony charge changes that path. Early on we look at what the complaint actually alleges, whether the recordings match it, and whether the charge sits alongside an accusation that someone was injured. If you are not a citizen, hold a professional license, or work in a job that involves background checks, tell us at the start, because a disposition that sounds minor can carry consequences outside the courtroom. We also discuss whether you have a claim of your own about how the encounter was handled, which can carry a short filing deadline when it is against a city or another public body.
