Tampering with Evidence in Texas
In Texas, a person can be charged with Tampering with Evidence if they intentionally, knowingly, or recklessly alter, destroy, or conceal any record, document, or thing with the intent to impair its availability as evidence in an investigation or official proceeding.
To prove that a person has tampered with evidence, the prosecution must typically show that the person had knowledge that an investigation or official proceeding was in progress or imminent, and that they had the intent to impair the availability of the evidence.
The prosecution may present evidence such as witness testimony, surveillance footage, or physical evidence that has been tampered with, to prove the elements of the crime. Additionally, the prosecution may present evidence of the defendant’s motive or state of mind, to show that they had the intent to impair the availability of the evidence.
The crime of tampering with evidence can happen in many different ways. For instance, if a person is pulled over by the police and they have been smoking a marijuana cigarette. They panic and are afraid of being arrested so they attempt to eat the marijuana as the police approach the car. If the officer is able to recover the marijuana, they can then charge the person with tampering with evidence. The charge of Tampering with Evidence in Texas is usually a felony of the third degree that has a penalty range from 2 to 10 years in prison. If the crime involves moving or destroying a body the penalty range is 2to 20 years.
If a person sees a body and doesn’t report that to the police, they can be charged with tampering with evidence as a misdemeanor crime.
People have been charged with tampering with evidence by throwing away weapons used in crimes, deleting text messages while under investigation, or flushing drugs down a toilet when the police are serving a search warrant. If you are charged with tampering evidence, you need to contact a criminal lawyer as soon as possible. There are defenses and strategies a good lawyer can use that will help a person charged with this crime.
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