Tampering with evidence is the crime of altering, concealing, falsifying, or destroying evidence in order to avoid penalties affiliated with a particular crime. For example, if an individual is using heroin, but then destroys all of the needles when a police officer knocks on the door, this is considered tampering with evidence.
As well, damaging any record, document, or tangible object that is evidence to a crime is also illegal. Those who tamper with evidence must do so with the intent to interfere with an investigation, possible investigation, or a government proceeding. If the evidence was not destroyed for this purpose the individual cannot be held liable for a crime of this nature.
It is considering tampering with evidence if you destroy or alter a document that is in contemplation of an investigation or a proceeding that might occur in the future. As well, making false entries in records or doctoring documents so that they don't reflect poorly on you is considered illegal and is a violation of this crime.
When a person intentionally destroys things that are not evidence or will not become evidence in an investigation, the person cannot be held accountable to this crime. For example, if an individual has alcohol in his home and tries to hide it, even though having alcohol in your home is not illegal, that person cannot be charged with tampering with evidence. As well, in order to convict a person of tampering with evidence the prosecution is required to prove that the defendant was aware of the fact that he or she allegedly tampered with evidence.
For example, if a maid throws away a bloodstained coat after the coat's owner committed assault, the maid may not be aware of the fact that she is destroying evidence. As well, if an office worker shreds a stack of papers, he may not be aware that the papers included documents that were evidence of fraud. If the employer who told this person to shred papers was aware of the valuable documents, then this individual may be charged with tampering with evidence instead.
The courts mandate that if an individual destroys evidence because of the fear of a possible investigation, this can be considered tampering with evidence. For example, if a person is collaborating with a hit man to murder his girlfriend online, and then deletes all e-mails that prove correspondence between him and hit man, this is considered tampering with evidence even though the investigation has not yet begun.
Also, clearing Google searches for incriminating things, such as searches about how to make chloroform or the best way to steal from a store, are considered tampering with evidence. Whenever the police discover that evidence has been permanently erased for the purpose of deleting evidence then they can press this charge. Whenever a defendant has been charged with tampering with evidence, the prosecutor is required to prove that the defendant intended to interfere with an investigation or a governmental proceeding.
This means that if a person accidentally destroys documents or evidence to a crime then he probably can't be charged with tampering with evidence. For example, if an individual has copies of death threat letters sent to victims in a murder case, but then he trips and they fall into a body of water, making them unreadable, it is not that individual's fault because he had no intent to destroy the evidence. If you want more information don't hesitate to contact an attorney at a local criminal defense firm near you to learn more. Those convicted of tampering with evidence can be sentenced to up to 20 years in prison. Don't hesitate to contact the firm today to learn more!
