Why Did I Get Charged With Tampering With Evidence?

The tampering with physical evidence offense is regulated by Penal Code Section 37.09. Specifically, the title of the offense is tampering with or fabricating physical evidence. It states that an individual commits the offense if he or she knowingly alters, destroys, or conceals anything, including records, documents, or things with the intention to impair their legibility, clarity, or availability as evidence in an official proceeding or investigation.

One of the examples that we commonly see is flicking a joint out of the window as you are being pulled over. Another example is the police come knocking on your door and they have a search warrant. They kick down your door and when they enter the house, you are standing over the toilet with a half-empty bag of marijuana. The toilet is clogged because it’s been stuffed with too much marijuana. The allegation is that you were trying to destroy the evidence so that it couldn’t be used against you in the proceeding.

Another way we see these cases prosecuted is when people provide false evidence in an attempt to resolve their court case. I’ve seen people who have fake doctor’s notes to explain why they missed court, fake documentation of completing classes, or fake letters from alibi witnesses. Presenting this evidence is a crime of tampering with physical evidence, a third-degree felony. Making a fake certificate is not necessarily a crime. Presenting it to a prosecutor, a judge, or a court in an official legal proceeding makes it a felony charge of tampering with physical evidence.

What Is The Punishment For Tampering With Evidence?

Tampering with physical evidence is a third-degree felony, which means it is punishable by two to 10 years in prison and a fine not to exceed $10,000. If you are charged with tampering with physical evidence and you get convicted, the jury must select a punishment of not less than two and not more than 10 years in prison, and a fine not to exceed $10,000. If you’ve never been convicted of a felony before, you may be eligible to have that conviction probated, which means that you may have the ability to serve your sentence on probation rather than in prison. First, you are required to legally be eligible and you have to file an application for probation with the court, swearing that you have never been convicted of any felonies.

If you qualify by not having prior convictions and you are convicted of tampering with evidence, you may still be facing a fine of up to $10,000 and a period of probation of up to 10 years. Most people who get charged with tampering with evidence will end up getting felony convictions. The prosecutors usually depend on the severity of the accusations to determine what level of consequence they are going to seek. If the evidence that you were destroying was multiple kilos of cocaine that you were throwing out the window as you were in a high-speed chase down I-35, they are going to come at you a lot harder than if it’s a half-smoked joint. The punishment range that you are generally looking at is that of a third-degree felony: two to 10 years in the Texas Department of Corrections.

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