What Is Tampering With Evidence?

Some of the scenarios that result in a criminal charge of tampering with evidence include swallowing or flushing an illegal substance to avoid arrest, hiding a firearm that was used to commit a crime, shredding documents that were subpoenaed by the court, destroying evidence such as a computer or a mobile phone, or erasing files from a computer. Frequently, an individual who elects to conceal or destroy evidence elevates a matter from a misdemeanor to a felony offense. The decision also increases the severity of possible punishments. We see this type of case very frequently when someone is riding in their car, smoking a joint. They get pulled over and they flick the joint out the window.

Law enforcement will frequently charge a person who is accused of such actions with tampering with physical evidence. For getting pulled over and getting caught with a joint, it’s probably going to be a misdemeanor offense that won’t even result in you getting arrested. You will get a field citation or a ticket and agree to go turn yourself in at a later date. Often, those offenses are resolved by taking a class or some sort of educational program and paying a small fine or fee. When you toss the joint out the window and the officer charges you with tampering with evidence, you are now facing a third-degree felony.

What Are Some Defenses To Tampering With Evidence?

There are some common defenses that we raise when we are representing someone who has been charged with tampering with physical evidence. One of those is showing that the defendant did not realize that the item in question might be sought to be used as evidence. If an officer charges you with tampering with evidence because you flicked a blunt out of the window after being pulled over, the officer may make the allegation that you were trying to destroy the evidence, so that it couldn’t be used against you in prosecution. The truth of the matter may be that you were done smoking the blunt and you were thinking about flicking it, even before you realized you had been pulled over. It’s going to be the duty of the prosecutors to prove what you knew and when you knew it. Without you making statements to the officer implicating yourself, that is going to be hard for them to do.

It is also possible that destroying the items in question was in the normal course of your business. When we are done with a case, we shred the file because that is our normal course of business. We have no intention of interfering with any investigation. If you have been accused of tampering with evidence, consult with a criminal defense attorney, who is well versed in Texas law, to defend you on the case. This is a serious crime; you need to hire a serious attorney.

For more information on Tampering With Evidence In Texas, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (512) 478-9898 today.