Can You Inadvertently Tamper with Evidence?
It is illegal to tamper with evidence that could potentially be used in a legal proceeding, but for the charge of evidence tampering to apply, you must have intended to diminish the integrity of the evidence or to make it less available. In other words, accidentally or inadvertently tampering with evidence isn’t a crime. Evidence tampering is a serious criminal matter, and if you’ve been so charged, you shouldn’t wait to consult with an experienced Columbia criminal defense attorney.
The Role of Evidence in Criminal Cases
Without adequate evidence, the state has a difficult time pressing charges – much less obtaining convictions. Evidence, in other words, plays a critical role in the state’s ability to bring successful criminal charges, which makes the matter of intentionally tampering with evidence a crime in and of itself.
Common Forms of Evidence Tampering
Criminal courts look to evidence to bring charges and to convince juries and judges that the guilt of those facing criminal charges is beyond reasonable doubt. When the perpetrator themself, a friend or family member, or anyone else tampers with evidence – or attempts to do so – in an effort to foil a conviction, the person who engaged in the tampering can be charged with a separate crime, and the fact of the tampering can also be used to bolster the matter of the defendant’s guilt in the underlying crime.
Again, however, the accused must have intended to affect the outcome of the case. This means that any actions that accidentally or inadvertently impact a case don’t support criminal charges.
Primary examples of evidence tampering include all the following:
- Concealing evidence, such as by removing it from the crime scene or by burying – or otherwise hiding – it
- Destroying evidence outright, such as by burning clothing, flushing drugs down the toilet, or wiping surfaces down with bleach
- Altering evidence in a manner that supports the defendant’s innocence, such as by changing the date on a receipt or by otherwise modifying a written document
- Intimidating a witness in an attempt to alter their testimony
- Intimidating a jury member in an attempt to affect the outcome of the case
The Charge of Evidence Tampering
Evidence tampering is generally charged as obstruction of justice, which is a felony that carries up to 10 years in prison, but the matter doesn’t end here. Other potential charges include:
- Accessory after the fact, which involves either harboring or assisting the primary felon with the specific intention of helping them escape detection or arrest
- Influencing a juror, which involves specifically attempting to influence a juror via written or verbal communication and is a lesser charge
- Misprision of a felony, which is the crime of deliberately concealing one’s personal knowledge of a felony’s commission and which is defined by the court’s discretion in relation to the specific case at hand
Turn to an Experienced Columbia Criminal Defense Lawyer for the Help You Need
Jonathan Harvey at the Law Office of Jonathan M. Harvey is a well-respected Columbia criminal defense attorney who will spare no effort in his quest to resolve your case as favorably as possible – in support of your brightest future. We are on your side and here to help, so please don’t delay contacting us online or by phone for more information today.