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Is lying in a Final Decision obstruction of justice and or violation of my rights to due process ??

Northeast, MD |

If you had an administrative case and ALJ stated the laws incorrectly and made countless mistakes in his Recommended Decision and then the person making the Final Decision lied in the decision and I can prove it with a letter from her boss, that would have drastically changed the outcome would that be considered obstruction of justice and or a violation of my right to due process and if so where and how long would I have to seek justice ???

Attorney Answers 3


This is not going to be considered obstruction of justice, and as long as you had notice and an opportunity to be heard, due process was not violated. What you need to do is see an attorney about an appeal, probably, but your state may have a different procedure.

R. Jason de Groot, Esq., 386-337-8239

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It would not amount to obstruction of justice. I recommend seeking an appellate attorney to evaluate your case and note an appeal to the circuit court. - This is not legal advice nor does it create an attorney-client relationship. This is for education and informational purposes only. It is always recommended that you contact an attorney with any concerns as each individual case is unique.

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You had (and can still have more) due process. You had a hearing and you may have appeal options to see if your assessment that the ALJ "stated the laws incorrectly" and made "countless mistakes" and the final decision maker "lied" is legally accurate or the result of a laymans' misunderstanding of the law.

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.

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