Steps to Take if You Knowingly Tamper with Evidence
To be prosecuted for tampering with evidence, you must have intended to destroy evidence to disrupt a criminal investigation. While inadvertently tampering with evidence is not a crime, knowingly tampering with evidence can result in an extensive prison sentence and steep fines.
If you are facing criminal allegations of evidence tampering, either through impeding the government’s or defense’s case, our Cumming criminal defense attorneys are prepared to protect your freedom and reputation.
What is Evidence Tampering?
To be convicted for tampering with evidence in Georgia, a prosecutor must establish the following:
- You intended to prevent the arrest of the guilty party or hamper the prosecution or defense case.
- If you knowingly destroyed, altered, hid physical evidence, or presented false evidence as authentic.
The prosecution must prove that you intended to obstruct justice by hiding or disguising evidence. Evidence tampering can include hiding a knife, gun, or other weapon integral in committing a crime or something as benign as deleting text messages. To be convicted, the prosecution must prove your guilt beyond a reasonable doubt. In layman’s terms, beyond a reasonable doubt implies that a person of reasonable intelligence would not doubt that a crime was committed and that you are the perpetrator.
What Should I Do if I Am Accused of Evidence Tampering?
Suppose you are found guilty of tampering with evidence under Ga. Code §16-10-94, you may be sentenced to up to three years in prison, with a person who obstructs the prosecution or defense related to a serious violent felony receiving up to ten years in prison. If you are accused of tampering with evidence, you should avoid taking any further actions. The best step you can take is to reach out to our Cumming criminal defense lawyers.
Aggressive Counsel Against Criminal Charges
At Banks, Stubbs, & McFarland, our legal team conducts its own investigation to determine what defenses may be viable. When someone is facing allegations of evidence tampering, we usually explore whether there is sufficient evidence to prove that they did try to conceal or alter evidence. If that defense strategy weakens, we may analyze the information available to prove intent.
Proving intent is challenging, and in many cases, a defendant may inadvertently destroy evidence, not knowing that they were aiding the destruction of evidence that is key to a criminal investigation. For instance, if your boss asks you to shred financial statements, you will likely do as instructed. You are not going to question your boss’s orders. Inadvertently tampering with evidence is not criminal, so you cannot be prosecuted under the law.
Facing Criminal Allegations? Contact Our Cumming Criminal Defense Lawyers Now
Evidence tampering can destroy your reputation, keeping you from pursuing your dream job and personal ambitions. At Banks, Stubbs, & McFarland, we believe that all persons deserve adequate representation in criminal matters. Combining wisdom, integrity, prayer, excellence, and selflessness, our Cumming criminal defense attorneys are committed to defending the rights of the people of Forsyth County and surrounding communities. If you face allegations of evidence tampering, contact us online or call (770) 887-1209 to discuss your case.