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Evidence tampering

Evidence is anything that provides proof about a matter in court. The evidence can be testimony, documents, and objects. Texas has laws about evidence tampering, and the state takes it very seriously.

Prosecutors have the burden of proving elements of this crime. They must prove that the defendant intended to interfere with evidence. Also, prosecutors must show that the defendants knew what they were doing and that they knew that changing the evidence would have a certain result. Prosecutors must prove that defendanttampered with evidence because of a criminal investigation or trial.

All states have laws about punishments for evidence tampering. A conviction for evidence tampering may include a combination of criminal charges. Individuals can receive a jail sentence of up to one year for a misdemeanor charge. A felony charge may result in a far longer prison sentence. In both cases, heavy fines might be imposed. Evidence tampering can be a federal crime as well, and the potential penalties can include a sentence of up to 20 years in prison.

There are some defenses for evidence tampering. One is that the defendant did not have the required intent. Another is that the defendant was unaware of a legal investigation or proceeding. Intoxicated individuals may not understand that they were destroying evidence. Finally, people may throw away items that they no longer want to use.

As is the case with any criminal charge, people who have been accused of evidence tampering should take the matter seriously. They might want to meet with a criminal defense attorney as soon as possible so that a strategy to combat the allegations can be constructed.

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R. Todd Bennett, P.C.
1545 Heights Blvd. Suite 600
Houston, TX 77008

Phone: 713-752-2728 | Fax: 713-650-1602
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