Tampering With Evidence
Essential in cases, evidences are mostly the key for the incrimination of the accused or in solving a particular crime. These vary in classification and are not just grounded on tangible objects.
One essential thing you should know about evidence is that tampering them often leads to serious repercussions. Tampering is qualified as an obstruction of justice and if proven, the suspect of tampering will face certain charges. However, there are instances when tampering is purely incidental. This calls for the presence of a defense lawyer especially in Las Vegas where the raving lifestyle might be the cause of unintended evidence tampering.
Tampering comes in many forms such as fabrication, concealment, alteration, or destruction. In the state of Nevada, there are laws against them which are all enclosed on Nevada’s Revised Statutes, specifically on Chapter 199.
Nonetheless, whether it may be planned or accidental, tampering still instigates specific outcomes. Below are more information about evidence tampering that you should know:
Why people tamper evidence
The main reason people tamper evidence is to suppress the truth or remove any hints or clues that will lead to their incrimination.
Usual evidence tampering happens during or after the crime. However, certain defendants or their accomplices try to tweak, bury, or destroy an evidence during probation or trials. Many also try to offer false evidence before the court.
What constitutes as a crime
Evidence tampering is composed of complex systems, meaning what constitutes as a crime varies from case to case. For example, if the evidence is a consumable or disposable item, the person who threw it away cannot be charged because he or she did not know that proceedings for the crime will occur. This is true to cases like drug trafficking or use.
Once the court takes notice of a missing evidence that should rightly exist, they can start investigating.
There are also different ways of tampering with evidence that do not involve physical contact. One is preventing a certain person from producing an evidence. This does not necessarily refer to the accused, but also to other people who do not want an evidence to be served.
Acts of coercion, threats, or doing elaborate means to obstruct a person to release an evidence are considered punishable by law according to NRS 199.230.
Bribing the witness is also a form of evidence tampering. In case the witness gives in and accepts the bribe and generates fake testimony or does not give one at all, he or she is guilty of felony.
If the court manages to prove that an evidence has been in any way tampered to hamper progress of the case, then penalties will be laid upon the violator. Such penalties are:
Category C Felony
- 1 to 5 years in prison,
- Possible fine of around $10,000
Category D Felony
- 1 to 4 years in prison
- Fine up to $5,000
Defense against charges
If one is wrongly accused of evidence tampering, a lawyer that specializes on said crime may use the following counters:
Evidence was not genuine
A lawyer can argue that the evidence the court is looking for is not relevant to the case at all. When a false evidence was produced, the lawyer can prove that the defendant believes that the evidence is genuine and there are no possible ways of knowing that it is not.
The accused did not know
The lack of intent can also be raised – the lawyer will contend that the defendant did not intend to tamper the evidence or was acting unwillingly during the act. A defendant could have also never expected that a specific item will be applicable to the case and had disposed it without the will to tamper. Being intoxicated during tampering can also be a competent defense.
The lawyer can also argue that the evidence is not tampered in anyway but rather abandoned with no hopes of being recovered on its original state or to be found completely.
An evidence is a powerful factor in the justice system. Even though it was modified or destroyed, it can still make someone face jail time.
If you are up against an evidence tampering charge, then seek the help of a defense lawyer like Attorney Ross Goodman in Las Vegas now and he will be more than eager to assist you!