What is Tampering with Evidence in Texas?

 Posted on May 10, 2024 in Criminal Defense

When you hear that the police suspect you of committing a crime, it is only natural for you to try and make yourself appear innocent however you can. There are many kinds of evidence. Some things might be able to prove beyond any doubt that you were the perpetrator. Other types of evidence might be more circumstantial and might only indicate that you had anything to do with the crime when taken into consideration with many other factors. You might be tempted to try to get rid of that evidence if all the other factors do not put you under any suspicion. However, altering, concealing, or destroying evidence is its own crime, otherwise known as evidence tampering. Instead of helping you, tampering with evidence is taken very seriously and you will likely pay for it heavily later on. If you have questions about tampering with evidence, speak with a skilled Collin County, TX criminal defense attorney to get answers.

What Does the Texas Penal Code Say About Tampering with Evidence? 

Tampering with evidence is a problem whether you are the suspect or are trying to help the suspect of an alleged crime. The state of Texas treats evidence tampering very seriously. Let’s say you find out that an investigation is underway or is pending and will be underway soon. You might be found guilty of tampering with evidence if you do either of the following:

• Alter, destroy, or conceal anything that might have been evidence in the case
• Create false evidence

There are specific aspects of evidence tampering regarding homicide. For example, the so-called “evidence” that you have observed might be a human corpse, and in seeing the corpse, with average intellectual capacity, you understand that a crime may have been committed. If you know that law enforcement officials are not aware of this corpse and you fail to inform them about it, this would also make you liable for evidence tampering charges.

How to Beat a Tampering with Evidence Charge

If you are accused of tampering with evidence, the most important thing you can do is find a good lawyer who has successfully cleared other clients of similar charges. Possible defenses that might help get your charges dropped include:

• Constitutional violations: If the police obtained evidence by carrying out an unauthorized and unlawful search without a proper warrant and they violated your Fourth Amendment rights, that evidence might be inadmissible in court.
• Lawful authority: There are some circumstances under which you might have lawful authority and a legitimate reason to dispose of items, even if law enforcement interprets this disposal as tampering with evidence. 
• Lack of knowledge: The claim that you did not intentionally tamper with evidence can be made if your lawyer can demonstrate that you did not have any relevant knowledge - that you were a suspect, that the item you destroyed or changed was evidence in a case, etc.

Schedule a Free Consultation with a Texas Defense Attorney

If you are accused of tampering with evidence, make sure to hire an experienced Plano, TX defense lawyer. At The Crowder Law Firm, P.C., we believe in your rights to a fair legal proceeding and we will fight hard to protect them. Call us at 214-544-0061 to schedule a free consultation.