Tampering with Evidence

My Dallas Criminal Lawyer » Tampering with Evidence

Dallas Tampering with Evidence Attorneys

Q: What defenses might I have against an evidence tampering charge?

Common defenses to charges of evidence tampering include:Lack of Knowledge of Investigation or Proceeding – A defendant may argue that they had no knowledge or reason to know of the existence of a criminal investigation or official government proceeding before they altered, destroyed, or otherwise disposed of a document or thing that should have become evidence in the investigation or proceeding.Work Product – The tampering with evidence statute does not apply to alterations or dispositions of documents, records, or other things protected under a legal privilege from disclosure or created as the work product of a party to the investigation or official proceeding.Lawful Destruction of Child Pornography – Texas’s child pornography statutes permit a minor who receives sexually explicit materials depicting a minor from a peer to delete or destroy them within a reasonable time. Doing so cannot trigger a prosecution for tampering with evidence.Unlawfully Obtained Evidence or Statements – A defendant may seek to exclude adverse evidence or incriminating statements in the prosecution’s case by arguing that investigators obtained that evidence or those statements through violations of their rights. For example, they may argue the evidence was obtained during an unlawful search or a custodial interrogation where investigations failed to advise them of their rights.

Tampering with evidence or presenting false evidence in a criminal investigation or official government proceeding may constitute a crime. Although it might make sense for a person who becomes a suspect to destroy or conceal evidence that prosecutors might use against them, doing so can constitute a separate criminal offense.

When you face charges of tampering with evidence or presenting false evidence in a Dallas investigation, you need dedicated, knowledgeable legal counsel to help you minimize the potential consequences of an arrest or conviction. Let an experienced Dallas tampering with evidence defense lawyer from My Dallas Criminal Lawyer level the playing field so you can stand up for your rights and reputation in the criminal justice system. Contact our firm today for an initial case review with our legal team to discuss how we can help you fight to protect your freedom and future from the adverse consequences of a charge of tampering with evidence in Dallas.

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AWARDS AND ACHIEVEMENTS

Do You Need a Lawyer When Facing Evidence Tampering Charges?

Prosecutors take charges of tampering with evidence and criminal investigations seriously, as efforts to alter or destroy evidence of crimes can frustrate justice. As a result, when the state accuses you of evidence tampering, you need a lawyer to help you prepare and present a compelling defense to pursue the best possible outcome under the circumstances of your case. A defense attorney from My Dallas Criminal Lawyer can assist you with resolving tampering with evidence charges by:

Thoroughly investigating your charges to obtain all available evidence, recognizing that police and prosecutors might not look for evidence that could help your defense
Reviewing the facts and circumstances to evaluate potential legal strategies
Helping you understand the details of your charges and the possible outcomes at each stage of the case to help you make informed decisions about how to move forward
Vigorously challenging the prosecution’s case at each step, including contesting the sufficiency of the evidence or moving to exclude unlawfully obtained evidence or statements
Fighting as hard as necessary to secure a favorable resolution, even when that means taking your case to trial

Why Choose a Criminal Defense Attorney from My Dallas Criminal Lawyer?

If you face charges of tampering with evidence, an experienced criminal defense lawyer can make a difference in the outcome of your case, helping you secure a better result that allows you to move on with your life. Choose a dedicated lawyer from My Dallas Criminal Lawyer to represent your interests because:

Our lawyers have earned a reputation for providing clients facing criminal charges with thorough case preparation, vigorous courtroom advocacy, and top-quality service.
We focus our approach on addressing the facts and circumstances of your case to serve your needs and goals.
With our firm, you will work directly with a seasoned Dallas criminal defense attorney who will take the time to hear your story, walk you through your legal options, and build a tailored legal strategy designed to fight for the best possible resolution to your charges.
Our attorneys use their collective legal knowledge and litigation skills to defend your rights, reputation, and future from the worst consequences of an arrest or conviction.

Understanding Tampering with Evidence Charges

Under Texas law, a person can commit a crime if, knowing that the government has a pending investigation or official proceeding, they:

Alter, destroy, or conceal any record, document, or thing with the intent to impair its usability as evidence in the investigation or official proceeding.
Make, present, or use any record, document, or other thing knowing of its false nature and with the intent to affect the course or outcome of the investigation or official proceeding.

A person can also commit an offense if they:

Alter, destroy, or conceal any record, document, or thing with the intent to impair its usability, knowing that a criminal offense has occurred, to affect a subsequent investigation or official proceeding related to the offense.
Observe a human corpse under circumstances suggesting an offense has occurred, know that law enforcement is unaware of the corpse’s existence or location, and fail to report the corpse to law enforcement.

Altering, destroying, or concealing a record, document, or thing with the intent to impair its usability as evidence constitutes a third-degree felony unless the tampering involves a human corpse, in which case the offense becomes a second-degree felony. Observing and failing to report the existence and location of a human corpse to law enforcement constitutes a Class A misdemeanor.

Examples of conduct that may result in charges of tampering with or fabricating evidence include:

Wiping away fingerprints or fluids that may contain DNA evidence, such as blood, saliva, or semen
Incinerating clothing or other items that may contain evidence, such as DNA, fingerprints, human hairs, or gunpower residue
Concealing or throwing away a weapon used in a crime
Concealing or disposing of drugs, such as trying to flush drugs down a toilet or swallow them
Deleting computer files, destroying electronic devices or hard drives, or magnetically wiping hard disks
Falsifying evidence, such as altering documents, creating false documents, or providing false statements to investigators
Failing to report a corpse to law enforcement
Moving a corpse
Disposing of a corpse after a homicide, such as by mutilating or incinerating the corpse

Frequently Asked Questions About Tampering with Evidence

Common questions our clients have when facing prosecution for charges of tampering with evidence in Dallas include:

What penalties could I face for a conviction for tampering with evidence?

The penalties imposed for a conviction for tampering with evidence may depend on the grading of the offense and other factors, such as a defendant’s criminal history. Standard sentencing ranges for a conviction include:

Class A Misdemeanor – Up to one year in jail, a fine of up to $4,000, or both
Third-Degree Felony – Two to 10 years in prison and a potential fine of up to $10,000
Second-Degree Felony – Two to 20 years in prison and a potential fine of up to $10,000

A conviction for tampering with evidence can have other long-term consequences, as the offense constitutes a “crime of moral turpitude,” or an offense that involves deceit, fraud, or a violation of accepted norms of justice. A criminal record with such a conviction can make it more challenging to obtain professional licenses, secure employment, or access housing opportunities.

Will I have to go to jail or prison?

The potential for receiving a jail or prison sentence after conviction for tampering with evidence may depend on various factors, including prior criminal history, the severity of the offense, and the defendant’s mitigating factors. Dallas and Texas courts may feel more inclined to impose no incarceration or a probation term instead of incarceration for a defendant with no prior criminal history or for a less serious offense of tampering with evidence. However, jail or prison time becomes more likely for defendants with previous convictions or who commit serious offenses, such as disposing of evidence or corpses to cover up their crimes.

What defenses might I have against an evidence tampering charge?

Common defenses to charges of evidence tampering include:

Lack of Knowledge of Investigation or Proceeding – A defendant may argue that they had no knowledge or reason to know of the existence of a criminal investigation or official government proceeding before they altered, destroyed, or otherwise disposed of a document or thing that should have become evidence in the investigation or proceeding.
Work Product – The tampering with evidence statute does not apply to alterations or dispositions of documents, records, or other things protected under a legal privilege from disclosure or created as the work product of a party to the investigation or official proceeding.
Lawful Destruction of Child Pornography – Texas’s child pornography statutes permit a minor who receives sexually explicit materials depicting a minor from a peer to delete or destroy them within a reasonable time. Doing so cannot trigger a prosecution for tampering with evidence.
Unlawfully Obtained Evidence or Statements – A defendant may seek to exclude adverse evidence or incriminating statements in the prosecution’s case by arguing that investigators obtained that evidence or those statements through violations of their rights. For example, they may argue the evidence was obtained during an unlawful search or a custodial interrogation where investigations failed to advise them of their rights.

What should I do after an arrest?

You can best protect yourself and prepare to pursue a defense against your charges by invoking your right to remain silent and declining to answer questions from the police or talk to the officers or detectives about your charges. You should also request to speak to a criminal defense attorney as soon as possible to discuss your legal options and the next steps you can take to resolve your charges.

Contact Our Firm Today for Experienced Guidance and Advocacy

When prosecutors charge you with tampering with evidence, you need dedicated legal counsel who can guide you through the criminal justice system and advocate for your rights and interests. Call My Dallas Criminal Lawyer today at 214-949-4117 for a confidential consultation with a knowledgeable Dallas criminal defense attorney to discuss your options for pursuing a favorable resolution to your charges.

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Dallas Tampering with Evidence Attorneys

Do You Need a Lawyer When Facing Evidence Tampering Charges?

Why Choose a Criminal Defense Attorney from My Dallas Criminal Lawyer?

Understanding Tampering with Evidence Charges

Frequently Asked Questions About Tampering with Evidence

What penalties could I face for a conviction for tampering with evidence?

Will I have to go to jail or prison?

What defenses might I have against an evidence tampering charge?

What should I do after an arrest?

Contact Our Firm Today for Experienced Guidance and Advocacy

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