Obstructing Legal Process in Minnesota Explained

What Is Obstructing the Legal Process?

Exposure to Minnesota law on "obstructing legal process" might be upsetting to someone accused of it. This relatively minor charge in Minnesota statute, section 609.50, subd. 2(2), has significant ramifications, especially for a Minnesota law licensee. If you have committed even innocent acts within the definition, however, there are steps to take to pursue a successful defense. Something about this provision has been given extra attention lately. The state legislature and Minnesota courts have recently called attention to this offense, with more focus on what it is, both procedurally and functionally, and under what circumstances it is appropriate to bring the charge. More about that below.
Minnesota law defines obstructing legal process as "intentionally impeding or attempting to impede the lawful process of a court or law enforcement officer by . . . [a]cting to prevent or hinder enforcement of a court order or a warrant of arrest" or "evading lawful service of a subpoena . . . ." Minnesota law also addresses what it means "to obstruct" the administration of law. The courts have given it additional description.
Minnesota courts have explained that individuals interfere with the administration of law when they prevent or hinder the execution of a search warrant, execute a restraining order, or block the administration of a court-ordered child custody agreement . The Minnesota legislature expanded the definition of obstructing legal process in 2007 by expanding the scope of conduct that constitutes obstructing legal process, and allowed for prosecution of someone who opposes the execution of a search warrant. In other words, obstructing has broadened from physical attacks to include a range of obstructionist behavior. The 2007 legislative revision provided that "[a] person also does not commit [the crime of threatening violence or coercion to obstruct legal process] if the person resists arrest, executes a restraining order, or executes a sheriff’s sale of property . . . by any means other than the means set forth in subdivision 1;."
What Does It Mean to Obstruct Legal Process?
Obstructing a court order or warrant of arrest: To intentionally impede or attempt to impede the lawful process of a court or law enforcement officer by acting to prevent or hinder the enforcement of a court order or warrant of arrest.
Evasion of service of a subpoena: To intentionally evade the lawful service of a subpoena.
Impeding enforcement of a court order: To act to prevent or hinder the enforcement of a restraining order, child custody agreement or order for debtor’s examination.

The Laws of Obstructing the Legal Process in Minnesota

In Minnesota, obstructing the legal process is a criminal offense that can result in serious penalties. There are specific statutes that deal with various actions that may be considered as obstructing legal process. The two main statutes that cover the act are Minnesota Statutes 609.50 and 609.752.
Minnesota Statutes 609.50: Obstructing Legal Process
This statute states:
Subdivision 1. Conduct. Whoever does any of the following is guilty of a misdemeanor and may be sentenced to a term of imprisonment not exceeding 90 days or to a fine not to exceed $1,000, or both:
Subd. 2. Exception. This section does not apply to activities constituting the lawful practice of law, as defined in section 481.02.
Minnesota Statutes 609.752: Prevention of Arrest or Search / Assaulting Police Officer
This statute states:
Subdivision 1. Prevention to Kill. Whoever intentionally and knowingly prevents or attempts to prevent a peace officer employed full-time by a city or county or an employee of the Department of Corrections, while the officer or employee is engaged in lawful execution of the duties of the officer’s or employee’s office or employment, from affecting the arrest or apprehension of a person for violation of chapter 169, 169A, 171, or 171A by doing any of the following shall be sentenced as provided in subdivision 2:
Subd. 2. Penalty. A person sentenced under this section may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both. If the person has failed to register as required by section 243.166, the court shall impose the sentence required under subdivision 3 or 4.
Subd. 3. Bail Jumping. If the person has been convicted of a felony and had not been sentenced, the court shall sentence the person to imprisonment for not more than one year and one day or to payment of a fine of not more than $5,000 or both.
Subd. 4. Bail Jumping: Misdemeanor or Gross Misdemeanor. If the person has been convicted of a gross misdemeanor, a petty misdemeanor, or a violation of any ordinance by a charter city or home rule charter county and had been sentenced under subdivision 5, the court shall sentence the person to imprisonment for not more than one year or to a fine of not more than $3,000, or both.
Minnesota Statute 609.485: Escape from Jail or Confinement
This statute states:

609.485 Escape from jail or other confinement.

Any person confined in a place of confinement by order of a court of this state or of any other state, or by the laws or ordinance of this state, who, before the expiration of the term for which the person is confined, escapes from the place of confinement of any person confined in a place of confinement, or in contriving to escape, is guilty of a gross misdemeanor.

Obstructing the Legal Process Penalties in Minnesota

When convicted of obstructing legal process under Minnesota Statute Section 609.50, offenders will face variation of penalties depending on the severity of the charge. A petty misdemeanor conviction results in a $300 fine. A misdemeanor conviction results in imprisonment for no more than 90 days and/or a $1,000 fine. If the obstruction offense is charged as a gross misdemeanor, then penalties may include up to one year in jail and a fine of at least $3,000. However, if an offender chooses to accept a plea deal or passes a pretrial diversion program, the charges against him or her may be dropped altogether and no criminal conviction will occur.
Not only can a conviction be life-altering in terms of incarceration, bond hearings, and employment opportunities, but many obstruction charges are also filed in conjunction with other criminal offenses. In turn, penalties may include significant fines and prison time. If the offense is charged as a misdemeanor, penalties become more severe when an offender has been previously convicted on two or more separate occasions; for example, penalties may be heightened to a gross misdemeanor with up to one year behind bars and a $5,000 fine. If a convicted offender has committed three obstruction crimes within a single year, the charge becomes a felony punishable by up to three years in prison, at least a $5,000 fine, or both.

Obstructing the Legal Process Defenses Often Used in Minnesota

Obstruction of legal process laws are designed to help the court and law enforcement do their jobs, but they should not be used as a way for these bodies to get away from justifying their behavior. If you can show that this is exactly what they were trying to do, then you may be able to get your charges dismissed or reduced. Another defense is showing that the actions alleged by the officer or other legal body were simply performed as part of their regular duties, and you had no reason to know that your actions were interfering with that process.
If the alleged obstruction involved the blocking of your behavioral cues to another party, then you may have evidence that you were not communicating anything about the activity that was taking place. In order to violate this statute, this post should have been intentional: you knowingly unlawfully obstructed or hampered an officer or another person engaged in legal process. If you were not aware that anyone was engaged in legal process at the time, then you cannot be found to have obstructed or hampered the activity.
Because obstructing legal process is so subjective, if an officer or legal body does arrest you for obstruction of the legal process, it is very important that you hire a criminal defense attorney.

Consequences on the Proceeding and Record

In Minnesota, simple misdemeanor offenses can result in more serious consequences if they are committed against people who have a role in the legal process. Obstructing legal process is a gross misdemeanor under Minnesota Statute § 609.50, subdivision 1e. Under § 609.50, subdivision 2, when someone accused of obstructing legal process is defending himself in a legal proceeding, and then obstructs legal process, the penalty for obstructing legal process increases from a gross misdemeanor to a felony. Someone convicted of obstructing legal process can end up with a misdemeanor, gross misdemeanor or felony on his criminal record. The label on the conviction matters because it can make it more difficult to obtain employment or housing, get a financial license or a professional license and it can have immigration consequences. If someone is convicted of a gross misdemeanor and given a jail term of 365 days or more, that will result in a felony conviction on the person’s criminal record. In addition to the direct result of being convicted of a crime, committing a misdemeanor, gross misdemeanor, or felony crime carries other penalties. For example, a misdemeanor conviction can result in a 90-day jail sentence and/or a $1,000 fine. Being convicted of a gross misdemeanor crime can lead to a year-long jail sentence and/or a $3 , 000 fine, and a felony conviction can result in a prison sentence of up to five years and/or a $10,000 fine. Minnesota also has a "three strikes" law, which can result in being charged with a felony when a person has been convicted of three previous crimes: first-degree burglary, first-degree assault or first-degree criminal sexual conduct. For these crimes, the penalty for the fourth crime can be as much as 36 months in prison and a $3,000 fine. If a person is convicted of obstructing legal process, and then is convicted of commit a new crime while on bail or while appearing before a court pursuant to a summons, the person can face increased penalties for the new crime. A person can be charged with obstructing legal process in Minnesota when he interferes or attempts to interfere with a peace officer, special agent, guard, deputy sheriff, conservation officer, county sheriff, town marshal, police officer or other law enforcement officer: (1) while that officer is performing his official duties; (2) while that officer is on the public highways or in the public performance of duty; (3) while the officer is assisting an officer or an agent of a public authority in the performance of his duties; or (4) while the officer is on public assistance or on a highway because of a law violation or reported accident.

Recent Cases and Legal Precedent

To further illustrate the severity of an obstructing legal process charge, consider the following two cases:
State v. Lightfoot, 2018 – In April 2018, a woman was charged with obstructing legal process after she allegedly tried to provide false identity information, following an altercation with law enforcement officers. The woman was eventually charged with multiple misdemeanors, including obstructing the legal process.
Jagannathan v. State, 2018 – In July 2018, the Minnesota Court of Appeals upheld the conviction of a man who allegedly tackled officers trying to arrest someone. Despite the fact that police officers, prosecutors and the judge had all recommended probation, the man was sentenced to serve 12 months and one day in jail.

Legal Assistance and Resources

If you or a loved one has been charged with this crime, we urge you to consult with an experienced criminal defense attorney at your earliest convenience. The criminal defense lawyers of Sjoberg & Tupper, P.C. are thoroughly familiar with criminal law in Minnesota to help you through any charge , including obstructing legal process. We have successfully assisted many clients in similar positions as you. You can view other general information and resources that we offer through our website, including our FAQ section, blog, and social media pages. You can contact the attorneys at Sjoberg & Tupper, P.C. by calling 763-422-0422 or by completing the online case evaluation form.