Tampering With or Fabricating Physical Evidence
When a person tampers with or fabricates evidence involved in a criminal investigation, the actions can impact the ability of prosecutors or other government officials to hold alleged offenders accountable. Tampering With or Fabricating Physical Evidence is a felony offense in Florida.
Alleged Tampering With or Fabricating Physical Evidence is a type of obstruction of justice, and prosecutors and judges take very unfavorable views of these kinds of alleged crimes. It is not uncommon, however, for people to be charged with this alleged offense when there is no evidence to support the accusations.
Attorney for Tampering With or Fabricating Physical Evidence in St. Petersburg, FL
St. Petersburg criminal defense lawyers Melinda Morris and Seth Shapiro aggressively defend alleged offenders throughout Manatee County, Pasco County, Sarasota County, Hillsborough County, and Pinellas County.
The Morris Law Firm can provide a complete evaluation of your case when you call (727) 592-5885 to schedule a free, confidential consultation.
Florida Tampering With or Fabricating Physical Evidence Information Center
Tampering With or Fabricating Physical Evidence Charges in Pinellas County
Florida Statute § 918.13 makes it a third-degree felony for any person, knowing that a criminal trial or proceeding or an investigation by a duly constituted prosecuting authority, law enforcement agency, grand jury or legislative committee of this state is pending or is about to be instituted, to do either of the following:
Alter, destroy, conceal, or remove any record, document, or thing with the purpose to impair its verity or availability in such proceeding or investigation; or
Make, present, or use any record, document, or thing, knowing it to be false.
Tampering With or Fabricating Physical Evidence Penalties in in St. Petersburg
As a third-degree felony, a conviction for tampering with or fabricating physical evidence is punishable as follows:
Up to five years in prison; and/or
Fine of up to $5,000.
In order to convict an alleged offender of this crime, the state will need to prove that person not only knew that a criminal trial or proceeding or an investigation was pending or about to be instituted, but also that that the evidence allegedly tampered with was done with the purpose of hindering an investigation or evidence was fabricated with the knowledge it was false. Common defenses against these types of criminal charges often focus on calling the alleged offender’s intent and knowledge into question, as it can be extremely difficult for prosecutors to prove these elements beyond a reasonable doubt.
Florida Resources for Tampering With or Fabricating Physical Evidence Arrests
Florida Standard Jury Instructions | Chapter 21: Obstruction of Justice — Visit this section of the Florida Supreme Court website to find standard jury instructions for obstruction of justice cases. Chapter 21.8 deals with Tampering with or Fabricating Physical Evidence charges and lays out the elements a prosecutor must prove beyond a reasonable doubt as well as lesser included offenses. It is important to keep in mind that jury instructions typically must be modified according to the specific aspects of criminal cases, so standard jury instructions are rarely used verbatim.
Boice v. State, 560 So. 2d 1383 (Fla. 2d DCA 1990) — On February 19, 1988, Donald Andrew Boice stopped his car at an intersection in Florida and purchased a single rock of cocaine in a small bag from an undercover police officer, immediately after which his car was surrounded by uniformed officers in marked police cars. Boice threw the bag of cocaine out the window of his car, the bag was later retrieved by an officer, and Boice was ultimately convicted of purchase of cocaine and tampering with evidence. On May 11, 1990, the Second District Court of Appeal affirmed the conviction and sentence for the purchase of cocaine, but reversed the conviction and sentence for tampering with evidence. The Court concluded that Boice’s “act of tossing the small bag of cocaine away from his person while in the presence of the arresting officers at the scene of the purchase does not rise to the level of conduct which constitutes a concealment or removal of something for the purpose of impairing its availability for the criminal trial.”
Morris Law Firm, P.A. | St. Petersburg Tampering With or Fabricating Physical Evidence Lawyer
If you were arrested in the Tampa Bay area for allegedly Tampering With or Fabricating Physical Evidence in a criminal case, it is in your best interest to seek legal representation as soon as possible. The Morris Law Firm, P.A. represents people accused of obstruction of justice offenses throughout Pinellas County including Clearwater, Dunedin, Pinellas Park, Largo, and other nearby communities.
Melinda Morris is a criminal defense attorney in St. Petersburg who knows the most effective ways to challenge these criminal charges because of her prior experience as a former felony prosecutor for the State Attorney’s Office in Pinellas County.
Call (727) 592-5885 or fill out an online contact form today to set up a free initial consultation that will let our lawyer review your case and answer all of your legal questions.
Melinda Morris is a former prosecutor and has handled thousands of criminal cases from investigation through sentencing enabling us to identify weaknesses in the State’s case against you.
We never settle for the easiest outcome or the typical result. We know how to negotiate with the State Attorney and we will work to get you the best possible outcome.
Melinda Morris has practiced criminal law for over 20 years. Our clients trust advice that comes from experience in nearly every type of criminal case.
We will know every client’s story because we will take the time to listen and understand. You will work with your attorney one-on-one at every stage of the process.
You will have the cell phone number of your attorney. Your attorney will directly return your call, email, or text to answer your pressing questions.
The government is wasting no time in trying to prove your guilt, a proactive defense is imperative. Prompt and decisive action from your defense attorney is of critical importance.
At Morris Law Firm, P.A., your satisfaction is our priority! See for yourself what our clients have to say about working with us.
Seth Shapiro is the most professional, courteous, caring attorneys I’ve dealt with in all of my 70 years. He did a fabulous job representing me defending me and getting charges dropped. I couldn’t have dreamed of better counsel.- Stephen on AVVO
100% satisfied with Morris law group. Melinda was able to resolve my legal issues with no additional expenses other than my original retainer. I highly recommend this firm for professional and competent representation.- Peter R. on Yelp
If you want the best legal representation, look no further than Morris law firm. Melinda reassured me from the very first time we spoke over the phone. She is very professional and keeps you updated on the progress of your case. I really liked that I didn’t have to reach out to her Everything was smooth, straightforward and she put my mind at ease. You’ll be in good hands with her. Thank you Melinda- Hassan on Google
Mr.Shapiro helped my case by looking at the police body cam diligently which supported my testimony . He presented evidence to the prosecutor .I hired Seth Shapiro to defend me after a domestic battery charge in which I was wrongfully accused and arrested. My case was dismissed thankfully. .Couldn't have asked for a better outcome. This was an extreme difficult time for me. Seth Shapiro was knowledgeable and compassionate in my case. He followed up with my concerns. I would highly recommend this firm.- Melody Z.
Melinda has represented me on numerous cases and the outcome has always been great. Melinda goes above and beyond to defend your rights and get you the best possible outcome. I highly recommend hiring her.- Shasta on Google
Morris Law Firm is a very professional and responsive. They closed my case in a very short terms, for what I'm very grateful. Strongly recommend them especially Seth Shapiro. He decreased my case from felony to misdemeanor in short terms and during 6 months my case was totally closed.- Elina P. on Google