If you are facing charges of evidence tampering or have been arrested or are under investigation for this offense, it is critical to work with a seasoned criminal defense lawyer to help you. Whether you are being falsely accused of this crime, or made a mistake by trying to cover up evidence of alleged wrongdoing, a conviction can be serious, resulting in harsh monetary fines and extended jail time. Taking the immediate step of hiring a criminal defense attorney can mean the difference between jail time and freedom, so call the Fulgham Law Firm, P.C. now to start protecting yourself and your constitutional rights.
Tamping with evidence can range from swallowing pills or drugs to evade arrest, to shredding subpoenaed documents and hiding a weapon used during the commission of a crime. Oftentimes, a person who chooses to destroy or conceal evidence can elevate a misdemeanor to a felony-level offense, potentially increasing the level of punishment. While a misdemeanor arrest is significant, a felony conviction can be devastating. Even innocently intended actions can result in an arrest for evidence tampering, which is why you need qualified legal counsel to help you.
Keep in mind that if investigators contact you with questions about the crime of which you are being accused, do not make any statements without having a Fort Worth evidence tampering defense attorney present. As most people are aware, anything you say can and most definitely will be used against you in court. A criminal defense attorney will be able to review your legal options, advise you of your rights, and help you to proceed in your case with the most solid and effective defense strategies possible. Don’t sacrifice your rights – contact the Fulgham Law Firm, P.C. today to learn more about how our seasoned criminal defense attorney can make a difference for you.
Tampering With or Fabricating Physical Evidence
Under the Texas Penal Code § 37.09 entitled “Tampering With or Fabricating Physical Evidence,” the law provides in pertinent part that:
“(a) [a] person commits an offense if, knowing that an investigation or official proceeding is pending or in progress, he:
(1) alters, destroys, or conceals any record, document, or thing with intent to impair its verity, legibility, or availability as evidence in the investigation or official proceeding; or
(2) makes, presents, or uses any record, document, or thing with knowledge of its falsity and with intent to affect the course or outcome of the investigation or official proceeding.
(b) This section shall not apply if the record, document, or thing concealed is privileged or is the work product of the parties to the investigation or official proceeding.
(c) An offense under Subsection (a) or Subsection (d)(1) is a felony of the third degree, unless the thing altered, destroyed, or concealed is a human corpse, in which case the offense is a felony of the second degree. An offense under Subsection (d)(2) is a Class A misdemeanor.”
As noted above, tampering with physical evidence is a third degree felony in Texas, which could land you in jail from 2 to 10 years in a Texas state penitentiary, and require you to pay up to $10,000 in monetary fines. If the evidence destroyed or altered is a human corpse, then you could face second degree felony charges, a conviction of which could mean up to 20 years imprisonment and $10,000 in fines. Should you become aware that a human corpse exists and believe that a crime was committed yet fail to report it, you could also be charged with evidence tampering. Under these set of facts, you could be charged with a class A misdemeanor, the penalties of which could be up to a year in county jail and $4,000 in monetary fines.
There are several defenses that can be raised on behalf of a person charged with evidence tampering. To learn more about how you can challenge your evidence tampering charges, contact our seasoned team of criminal defense lawyers today. Never represent yourself, as we have the experience, skill and dedication to help fight for your rights and potentially have your charges reduced, if not dropped completely. While we cannot guarantee a certain outcome in your case, we will take all measures legally possible to maximize your chances of receiving a favorable outcome.
Seasoned Former Fort Worth Criminal Prosecutor Ready to Help You Now
If you or someone you love has been charged with evidence tampering or some other crime in Texas, contact our seasoned Forth Worth, Arlington and Tarrant County criminal defense attorney now at (817) 886-3078. During our initial consultation, we will advise you of all your legal options, develop legal defenses on your behalf, and ensure that you can make informed decisions in your case. Our initial consultation is always free and it’s also completely confidential, so do not hesitate to give us a call now. At the Fulgham Law Firm, P.C., our goal is to prevent jail time and to help you clear your record. We look forward to providing you with superior legal representation!