I have extensive experience in defending all tampering with evidence cases in Orange County, Seminole County and throughout the entire Central Florida area. I examine each tampering with evidence case for a lack of evidence or conflict in evidence that would support not filing formal criminal charges. It is important that you start building your defense immediately after your arrest. Hiring an experienced tampering with evidence attorney is essential. Once hired, I will:

1. Collect and review all written statements, photographs and 911 calls;
2. Find flaws in the police officer’s investigation;
3. Identify all possible defenses;
4. Immediately start negotiating with the prosecutor not to file formal charges, and
5. Do whatever is necessary to avoid an conviction.

EARLY REPRESENTATION CAN MAKE ALL THE DIFFERENCE

Early representation can often times convince your prosecutor to not file formal charges against you. It is important to start preparing your best defense as soon as possible, well before your first court date. Important facts in your case to consider are:

• Were you lawfully stopped, detained and arrested?
• Was any of the evidence collected against you illegally obtained?
• Are the allegations made against you false? Were there any witnesses to this incident?
• Were you read your Miranda rights? Were your statements obtained illegally obtained?
• Are there other factors or motivations that show your lack of intent to commit a crime?
• Is there a lack of evidence or a conflict in the evidence?

WHAT IS tampering with evidence

Tampering with evidence, under Florida statue 918.13, is defined as concealing, creating, altering, or destroying evidence of a crime.  Typical tampering with evidence cases involve flushing drugs down the toilet or erasing incriminating information from a computer or hiding evidence of a crime.

HOW IS tampering with evidence proven IN FLORIDA?

To prove the crime of tampering with evidence, the State must prove the following two elements beyond a reasonable doubt:

1. Defendant knew that a criminal trial or proceeding, an investigation by a duly constituted, prosecuting authority, law enforcement agency, grand jury, or  legislative committee of this state was pending or about to be instituted.
2. Defendant altered, destroyed, concealed or removed any record, document, thing or item alleged, with the purpose to impair its verity, availability in the investigation proceeding
   OR
3. Defendant made presented used any record document thing or item alleged, knowing it to be false.
4. Full Florida standard jury instructions

PENALTIES FOR tampering with evidence

In Florida, tampering with evidence is classified as a third degree felony. If convicted you can be faced with penalties of up to 5 years in prison or a $5,000 fine. Other sanctions can include:

• Probation
• Community control
• Permanent criminal record

DEFENSES FOR tampering with evidence 

There are many defenses available to contest a charge of tampering with evidence. Some of the more common defenses include the following:

• You were illegal searched
• You did not have knowledge of the pending investigation or proceeding;
• Alteration, concealment, destruction, removal for purposes other than evidence tampering;
• Evidence was merely abandoned, not removed or destroyed.

I DEFEND WRITTEN THREATS CASES

If you were recently arrested or charged with any Florida tampering, please call my Winter Park criminal defense law firm at 407-740-7275 to discuss your options. I offer a free consultation so that I can learn about you, learn about your case and determine how I can help.