The arrest-scene version
In New York state court, what people call obstruction of justice is most often charged as obstructing governmental administration. It typically appears alongside other charges, such as resisting arrest, when police say someone interfered with an arrest, a stop, or an emergency response. Courts have generally looked for more than words, such as physical interference or intimidation. Arguing with an officer, or recording police activity from a reasonable distance, is usually not enough by itself, and New York law expressly protects the right to record police. Where the line falls in a particular case depends heavily on what the video shows.
When the conduct targets an investigation
A different set of charges covers conduct aimed at an investigation or a court case rather than at officers on the street. Tampering with a witness, tampering with physical evidence, and hindering prosecution are separate offenses in New York, and federal law has its own obstruction statutes for federal investigations and proceedings. These cases usually turn on what you knew at the time and what you meant to accomplish, rather than on the act alone. Talking with a witness about what happened is not automatically tampering, but trying to change what someone will say is treated very differently. The charging paper will usually tell you which category your situation falls into.
Video, witnesses, and the underlying stop
Arrest-scene cases are often decided by footage from body-worn cameras, bystanders' phones, and nearby building or store cameras. Ask anyone who recorded the event to keep the original file rather than only posting it, and give your lawyer their contact details. If you were hurt during the arrest, photographs and medical records matter as well. We look at whether the police action you are accused of interfering with was itself lawful, since that can affect the obstruction charge, and at how this count relates to anything else filed against you or the person you were with. A charge like this can feel minor next to the others, yet it still leaves a record worth addressing carefully.
