What Is Tampering with Evidence in Texas?
Tampering with evidence in Texas is a felony offense under Texas Penal Code § 37.09. It occurs when someone alters, destroys, or conceals physical evidence with the intent to make it unavailable during an investigation or legal proceeding. In most cases, tampering with evidence is a third-degree felony punishable by 2 to 10 years in prison.
This charge comes up more often than you might expect. Throwing drugs out a car window during a traffic stop, deleting files when investigators arrive, or moving a weapon after a crime can all lead to felony tampering charges. What starts as a misdemeanor possession case can quickly become a years-long prison sentence.
If you’re facing tampering allegations in Fort Worth, Tarrant County, or anywhere in Texas, you need an experienced defense attorney on your side. At Varghese Summersett, our team includes former prosecutors and board-certified criminal defense lawyers who have handled hundreds of tampering cases. We know how prosecutors build these cases because we used to be prosecutors ourselves.
How Does Texas Law Define Tampering with Evidence?
Texas Penal Code § 37.09 defines tampering with evidence in two main ways. First, a person commits this offense by knowingly altering, destroying, or concealing any record, document, or thing with the intent to impair its availability as evidence in an investigation or official proceeding. Second, a person commits tampering by making, presenting, or using any record, document, or thing knowing it is false.
The statute requires proof of both knowledge and intent. You must know that an investigation is pending or in progress. You must also have the specific intent to make the evidence unavailable. Acting without that knowledge or intent is not tampering under Texas law.
The Texas Court of Criminal Appeals has ruled that prosecutors do not need to identify the exact evidence tampered with. This means the State can charge tampering with an “unknown substance” and still meet the legal requirements. This interpretation gives prosecutors significant flexibility in bringing these charges.
What Are Common Examples of Tampering with Evidence?
Tampering charges arise in many different situations across Texas. The most common involve drugs, but tampering can apply to any type of evidence in any investigation.
Drug cases: Throwing contraband out a car window during a traffic stop is the most frequent scenario. Swallowing drugs when police approach, flushing substances down a toilet, or scattering marijuana around a vehicle all qualify as tampering. Each of these actions can turn a simple possession charge into a felony.
Violent crimes: Moving or hiding a weapon after a shooting, cleaning up blood evidence, or disposing of clothing worn during an assault can all result in tampering charges. These charges often accompany more serious offenses like assault or murder.
White-collar crimes: Shredding documents during a fraud investigation, deleting computer files, or destroying hard drives when you know investigators are coming constitutes tampering. The Enron scandal famously involved document destruction that led to federal obstruction charges.
Cases involving human remains: Moving, hiding, or failing to report a dead body carries the most severe tampering penalties. Concealing a corpse to impair an investigation is a second-degree felony.
What Are the Penalties for Tampering with Evidence in Texas?
The punishment for tampering with evidence depends on what type of evidence was involved and the circumstances of the case.
Third-degree felony: Tampering with any evidence other than a human corpse is a third-degree felony. This carries 2 to 10 years in prison and fines up to $10,000. Most drug-related tampering cases fall into this category.
Second-degree felony: Tampering with a human corpse to prevent its use as evidence is a second-degree felony. This carries 2 to 20 years in prison and fines up to $10,000.
Class A misdemeanor: Failing to report a human corpse (without actively concealing it) is a Class A misdemeanor punishable by up to one year in jail and fines up to $4,000.
These penalties apply in addition to any sentence for the underlying crime. If you tamper with evidence in a murder case, you face both the murder charges and a separate tampering conviction.
How Can Tampering Turn a Misdemeanor into a Felony?
This scenario plays out constantly in Texas courtrooms. A driver gets pulled over for a minor traffic violation. As the car stops, the officer sees something fly out the window. A small bag of marijuana lands on the shoulder of the road.
If the driver had kept that marijuana in the car, they would face a Class B misdemeanor. Possession of less than two ounces of marijuana carries a maximum penalty of 180 days in jail. But because the driver threw it out the window, they now face a third-degree felony with a potential 10-year prison sentence.
The math is brutal. A charge that might have resulted in probation or deferred adjudication becomes a felony conviction that follows you for life. It affects employment, housing, professional licenses, and voting rights. One split-second decision changes everything. Fortunately we have resolved numerous tampering cases in Tarrant County through no-bills, dismissals, and reductions.
What Are the Defenses to Tampering with Evidence Charges?
Several legal defenses can challenge tampering charges in Texas. The right defense depends on the specific facts of your case.
Lack of knowledge: You cannot be convicted of tampering if you did not know an investigation was pending or that the item was relevant to any legal proceeding. This defense requires showing you had no reason to believe your actions would affect any investigation.
Lack of intent: Even if you destroyed or concealed something, prosecutors must prove you did so specifically to impair its use as evidence. Accidentally discarding an item or disposing of something for unrelated reasons does not constitute tampering.
Lawful authority: In some cases, you may have had legal authority to handle or dispose of certain items. This defense requires showing your actions fell within your legal rights or professional duties.
Fourth Amendment violations: If police discovered the alleged tampering through an illegal search, your defense attorney can challenge the admissibility of that evidence. Successful suppression motions can result in dismissed charges.
Insufficient evidence: Prosecutors bear the burden of proving every element beyond a reasonable doubt. Challenging weak evidence or inconsistent witness testimony can create reasonable doubt about your guilt.
How Can You Avoid Tampering with Evidence Charges?
If police pull you over, stay calm. Do not throw anything out of the window. Do not try to hide or destroy anything in the vehicle. Keep your hands visible and avoid making sudden movements that officers might interpret as an attempt to conceal evidence.
You have the right to remain silent. You do not have to answer questions about what is in your vehicle. You do not have to consent to a search. Politely declining a search is not tampering. Exercising your constitutional rights cannot be used against you.
If police come to your home, the same principles apply. Do not try to flush, shred, or destroy anything. Police generally need a warrant to enter your home, but there is an exception called exigent circumstances. If officers believe evidence is being actively destroyed, they can enter without a warrant. Running to the bathroom or the paper shredder gives them that legal justification.
The best approach is always cooperation without incrimination. Do not resist. Do not destroy. Do not consent to searches. And call a lawyer immediately.
Frequently Asked Questions About Tampering with Evidence
Is tampering with evidence always a felony in Texas?
Most tampering charges are felonies. Tampering with physical evidence is a third-degree felony. Tampering with a human corpse is a second-degree felony. The only exception is failing to report a corpse (without concealing it), which is a Class A misdemeanor.
Can I be charged with tampering if police never found the evidence?
Yes. Texas courts have ruled that prosecutors do not need to recover or identify the specific evidence tampered with. If the State can prove you destroyed or concealed something with the intent to impair an investigation, you can be convicted even if the evidence was never found.
What if I did not know I was being investigated?
Knowledge is an essential element of tampering charges. If you genuinely did not know an investigation was pending or that your actions would affect any legal proceeding, you may have a valid defense. However, the circumstances matter. Police presence, questions about a crime, or any indication that you might be a suspect can establish the required knowledge.
Does tampering with evidence affect other charges I might face?
Tampering charges are separate from and in addition to any underlying offense. If you are charged with possession and tampering, you face two separate convictions with separate sentences. This can significantly increase your total prison exposure and create permanent felony records even for originally minor offenses.
Should I talk to police about tampering allegations?
No. You have the right to remain silent, and you should exercise it. Anything you say can be used against you. Politely decline to answer questions and ask to speak with an attorney. This is not an admission of guilt. It is your constitutional right.
Contact a Fort Worth Tampering with Evidence Defense Lawyer
Tampering with evidence charges require aggressive, skilled defense. At Varghese Summersett, our criminal defense team includes former prosecutors who understand how the State builds these cases. We have defended clients across Tarrant County, Dallas, Houston, and throughout Texas against tampering allegations.
Our attorneys hold board certifications in criminal law and criminal appellate law. We have over 100 years of combined experience and have handled thousands of felony cases. When your future is on the line, you need lawyers who know the system inside and out.
Call us today at 817-203-2220 for a free consultation. We will review your case, explain your options, and start building your defense immediately. The sooner you call, the more we can do to protect your rights.
