Tampering With Evidence

A person commits an offense of tampering with evidence if they

• Knowingly alter, destroy, or conceal any record, document, or item to impair its use as evidence in an ongoing investigation or official proceeding.
• Presents or use any false record or document intending to influence the outcome of a criminal investigation.
• Knowing a criminal offense has been committed, alters destroys, or conceals, any record, document or thing with intent to impair its use as evidence in an investigation or official proceeding
• Observes a human corpse that under circumstances a reasonable person would believe that an offense had been committed, and knows or reasonably should know that law enforcement is not aware of the existence and fails to report the existence and location of the corpse to law enforcement.

Note: However, this law does not apply to privileged records or documents that are considered work products of the parties involved in the investigation.

Examples of Tampering with Evidence

Some of the actions that constitute this offense include:

• Hiding a weapon after it was used to commit a crime
• Burning clothes that contain blood from the alleged victim
• Tearing up documents or photographs
• Swallowing illegal substances
• Erasing computer files containing illicit material
• Deleting camera footage that implicates you in a crime

Penalties for Tampering With or Fabricating Physical Evidence in Texas

By default, the act of concealing, destroying, or fabricating evidence is treated as a third-degree felony. If you are convicted, you will face up to 10 years in jail and a fine of $10,000. The charge can be upgraded to a second-degree felony in some cases, specifically if the evidence hidden or destroyed involves a human corpse. A conviction will lead to a maximum prison term of 20 years. Failing to simply report the corpse, however, is a Class A misdemeanor which carries a range of punishment from up to a year in jail and up to a $4000 fine.

The Risk of Facing Charges Alone

You can put yourself in jeopardy if you attempt to represent yourself on these charges. Instead of attempting to deal with the state directly, you could benefit from the counsel of an attorney.

One of the biggest mistakes you can make at this time is submitting to questioning without your lawyer present. Anything you say to the police could be used against you, and the best strategy is to avoid speaking with the authorities at all.

Talk with an Attorney About Tampering With Evidence Charges

Whether you are accused of tampering with evidence against your case or in someone else’s criminal case, our criminal defense attorneys can help.

The team at Barton & Associates, Attorneys at Law, PLLC, can evaluate the evidence against you and determine the strength of the state’s case. We will handle every aspect of your case from start to finish, and we look forward to the opportunity to clear your name. Contact us today to learn more and get started.