Dallas Tampering with Evidence Lawyer [2023]

Dallas Tampering with Evidence Lawyer Serving Dallas and Surrounding Areas

Tampering with evidence is a crime in Texas that can make a bad situation even worse. This charge often stems from the attempted cover-up of another offense or act of wrongdoing, such as drug possession, fraud, or even murder.

If you or a loved one is facing a charge of tampering in Dallas or the surrounding areas, your freedom, and possibly your future, could be at stake. That’s why it’s imperative to contact an experienced criminal defense attorney as soon as possible. The senior attorneys at Varghese Summersett have extensive experience handling tampering charges, first as prosecutors and now as highly-skilled defense attorneys.

In this article, an experienced Dallas tampering with evidence lawyer will explain the law in Texas, punishment ranges, and possible defenses. It’s important to understand that tampering cases are vastly different and each case is unique, so you should always speak with a skilled attorney about your specific situation.

What is tampering with evidence in Dallas?

Under Texas Penal Code Section 37.09, the official title of the offense is “tampering with or fabricating physical evidence” and it can be committed in three ways: destroying or altering evidence; falsifying documents; or failing to report a corpse. We’ll break down each below and offer examples of each.

Destroying Evidence: A person commits tampering if he or she 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. Examples include:
- Swallowing drugs when police pull over your vehicle;
- Throwing a gun used in a robbery in a river;
- Smashing a computer that contains child pornography;
- Ordering documents to be removed from a business office during a criminal investigation;
- Shredding documents linked to a white collar investigation
- Cleaning up blood from a crime scene;
- Moving a body after a murder;
- Burning or dumping a body.

Falsifying Documents: A person commits tampering if he or she 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. Examples include:
- Altering financial records when you know you are under investigation for fraud;
- Making a false receipt to give yourself an alibi;
- Writing a false affidavit of non-prosecution in order to prevent the prosecution of a defendant.

Failure to Report a Corpse: A person commits tampering if he or she observes a human corpse under circumstances in which a reasonable person would believe that an offense had been committed, knows or reasonably should know that a law enforcement agency is not aware of the existence of or location of the corpse and fails to report the existence of and location of the corpse to law enforcement. Examples include:
- Seeing a body at a known drug house and failing to contact law enforcement;
- Seeing a body in a river or lake and walking away instead of contacting police;

As you can see, tampering with evidence is very broad and can encompass a wide range of behavior. If you have been arrested or believe that you could be, it’s important to seek the advice of an experienced Dallas tampering with evidence lawyer as soon as possible.

What are the penalties for tampering with evidence in Dallas?

The punishment for tampering in Dallas depends on the circumstances of the case:

It is a second-degree felony, punishable 2 to 20 years in prison, to alter, destroy or conceal a human corpse.
It is a third-degree felony, punishable to 2 to 10 years in prison, to alter, destroy or conceal anything – other than a human corpse – with the intent to make it unavailable as evidence.
It is a Class A misdemeanor, punishable by up to a year in jail, to see but fail to report a human corpse.

How can a Dallas tampering with evidence lawyer defend my case?

Tampering with evidence is sometimes the result of a mistake or misunderstanding. There are a number of ways in which a Dallas tampering with evidence lawyer can challenge your case including:

Lack of Intent: In order to be convicted of tampering under Texas law, the prosecution must prove that you acted with the specific intent to impair or alter evidence. This means that if you accidentally damaged or destroyed evidence, you are not guilty of tampering. For example, if you threw away a document that you did not know was evidence, your lawyer will attack the prosecution’s case by claiming that you lacked the specific intent to impair or alter evidence.
Lack of Knowledge: Another common defense to tampering is lack of knowledge. If you didn’t know that a crime had been committed or that an investigation was underway, then you cannot be guilty of tampering. For example, if a co-worker asks you to throw away a trash bag, but you had no idea the trash bag contained clothes belonging to a homicide victim, you should not be convicted of this crime.
Illegal search and seizure: Another way in which your lawyer can defend you against tampering charges is by challenging the search and seizure of the evidence. If the police obtained the evidence through an illegal search and seizure, your lawyer can file a motion to suppress the evidence. This means that the evidence cannot be used against you.

The defenses available to you will depend on the specific facts of your case. That’s why it is important to consult with an experienced Dallas tampering with evidence lawyer as soon as possible to discuss your case and begin developing a strong defense.

How can you avoid a tampering with evidence charge?

We often see tampering charges stem from traffic stops. If you are stopped by police and have drugs in the car, do not start hiding or dumping of the evidence. If you do, what could have just been a misdemeanor drug possession charge is now also a felony charge for tampering with evidence. That is what we mean when we say not to make a bad situation worse. If you tamper with evidence during an investigation, you may face this add-on crime in addition to any charges for the underlying offense.

Speak with a Dallas tampering with evidence lawyer today.

Whether you are facing a misdemeanor or felony charge, the consequences of a tampering with evidence conviction in Dallas are serious. You could be facing jail or prison time, as well as a fine. That’s why it’s important to speak with an experienced Dallas tampering with evidence lawyer as soon as possible to discuss your case and begin developing a strong defense.

Our team will examine every aspect of your case and work tirelessly to achieve the most favorable outcome. There is a reason people turn to us with the biggest problems in their lives. Call us today at 214-903-4000 to schedule a free consultation with a Dallas tampering with evidence lawyer.