Tampering With or Fabricating Evidence :: Tennessee Criminal Lawyer Blog

Most of the time, criminal and civil cases make it to trial because there is something worth fighting for, which for many people means there is something worth lying about. In many cases, especially criminal cases, people have a tendency to try to tamper with or destroy evidence. A classic example of this would be someone who tries to toss drugs out of the window of a car or eat them as they are being pulled over. Another example would be a corporation that shreds documents to get rid of incriminating content on the documents. Individuals also frequently feel the need to fabricate evidence in many cases, such as when parents in custody cases convince their children to write letters accusing the other parent of horrible misdeeds. Individuals contemplating either of these courses of action should know that not only is such behavior dishonest, it is illegal.

The offense of fabricating or tampering with evidence is codified under Tennessee law as follows:

(a) It is unlawful for any person, knowing that an investigation or official proceeding is pending or in progress, to:

(1) Alter, destroy, or conceal any record, document or thing with intent to impair its verity, legibility, or availability as evidence in the investigation or official proceeding; or

(2) Make, present, or use 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.

Basically, this statute makes it illegal for anyone to try to destroy, create, or alter evidence in any way so as to mislead or defraud other parties in an official proceeding. What exactly constitutes an official proceeding was discussed in our blog from yesterday, but most important among official proceedings would of course be a trial or other courtroom hearing.

Tampering with or destroying evidence is a Class C felony in Tennessee, meaning that individuals who are convicted of this offense face up to fifteen years in jail. However, acquiring the assistance of an experienced criminal defense attorney will allow defendants to present their best possible defense against serving the maximum sentence. Contact an East Tennessee criminal defense attorney for assistance with your case.