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

Asked 10 months ago - 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)

  1. Bennett James Wills

    Pro

    Contributor Level 17

    2

    Lawyers agree

    Answered . 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.

    www.mdappeals.com - This is not legal advice nor does it create an attorney-client relationship. This is for... more
  2. Robert Jason De Groot

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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
  3. Rixon Charles Rafter III

    Contributor Level 20

    Answered . 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... more

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