What can I do for a false obstruction charge?

Question

I was sitting at a burger king parking lot when I was unaware the restaurant was closed. An officer came up to me and asked me questions which I answered before requesting my id. I was charged with obstruction after asking questions about if I had committed a crime (he didnt state a crime) and trying to stand by my fourth amendment right before surrendering my id after he threatened to charge me. He never stated a crime and said he was there for a property check and claimed that I wasnt supposed to be there, but I was never asked to leave and he stated I wasnt being trespassed. I asked him why I was getting a ticket after providing id and he said it was because I provided the id only after he said I was going to be charged.  
 
Is there anything I can do to have the charges dropped before the court date and avoid the entire lengthy process? If not then what should I expect?

H. Scott Aalsberg · Answer

Your only obstructing law enforcement in general if they were investigating a crime or had a reasonable suspicion that you were involved in a crime.  Others reasons may exist such as the community care taker function, but everything is fact dependent.  I would definately speak with a lawyer, they will charge you for the legal advise on what to do, but it may be worth the few hundred they would charge for the consultation to give yourself a shot at getting this charged dismissed.  Note the free consultations that lawyers offer is to only discuss hiring the lawyer its not for legal advise on what your rights are or how to win a case, that information you have to pay for.

Louis A Casadia · Answer

Their is no way for you to resolve this without a litigation process. You need to get representation. You need counsel to review the police reports and any officer body camera to see if the officer had any cause to investigate you under the law and to examine your legal defenses in court for obstruction. Their is case law on the obstruction charge and their are certain scenarios that do not properly fall under that law based on that case law.

James L. Arrasmith · Answer

If you're facing false obstruction charges, your first step should be to consult with a lawyer experienced in criminal defense. They can offer legal advice specific to your situation, help you understand your rights, and work towards having the charges dismissed. It’s important to gather any evidence that supports your case, such as witness statements or video footage from the area. 
 
Before your court date, your attorney can communicate with the prosecutor to discuss the circumstances surrounding the charges. They may be able to negotiate on your behalf to have the charges reduced or dropped altogether, especially if there is evidence that the charge was unwarranted. 
 
If the charges are not dropped before your court date, prepare for the possibility of going to trial. Your defense will likely focus on the lack of a lawful basis for the obstruction charge, your non-obstructive behavior, and any violations of your rights. Throughout this process, maintaining clear and open communication with your attorney is crucial. They will guide you through each step and represent your best interests in court.

Q: What can I do for a false obstruction charge?