It is important that you understand how our judicial system defines this charge, what level of offense it is, and why you should immediately seek legal counsel.
What Is Tampering with Evidence
Nebraska law mandates a tampering with evidence charge against anyone who tries to impact a criminal case and:
- Removes, or
- Alters physical evidence.
Law enforcement must also show that the person had the intent to try to change or make unavailable the evidence in a pending or prospective official proceeding.
Police may also charge a person with tampering with evidence if they find that a person knowingly:
- Presents, or
- Offers any false physical evidence.
In these situations, law enforcement must believe that the person intended for the tampered evidence to be used in a pending or prospective official proceeding.
Tampering with Evidence Examples
When a person tampers with evidence relating to their own case, they make their legal situation worse. For instance, consider a person who illegally purchased a very small amount of marijuana and is approached by police. They then try to dump the marijuana down a sewer drain.
Law enforcement may elevate what was a quick investigation and possible charge of marijuana possession to an additional and more serious tampering with evidence charge.
Here are some other examples of actions that could lead to a charge of tampering and destroying evidence law violation:
- Erasing computer files used to store illegal pictures sought as evidence;
- Swallowing illegal substances, such as drugs, to avoid arrest;
- Hiding a weapon, such as a knife, used to commit a crime;
- Shredding documents relevant to a charge of tax evasion; and
- Destroying a cell phone used to make threats.
In general, doing anything to actively try to destroy or change evidence related to a legal matter is a violation of law.
Is Tampering with Evidence a Felony?
Tampering or destroying evidence can gravely impact a criminal justice case. Therefore the Nebraska statute that defines the act of tampering with evidence also states that tampering with physical evidence is a Class IV felony.
What Are the Penalties for Tampering With Evidence?
In Nebraska, because tampering with physical evidence is a Class IV Felony, those charged could face:
- Up to 2 years in prison, and
- A fine of up to $10,000.
There are only narrow exceptions to the felony charge. The Nebraska destroying evidence law deals with offenders swiftly and harshly.
Facing Charges? Get a Superior Defense Attorney
If you or someone you know has been accused of tampering or destroying evidence, you need our defense attorneys. You are at risk of losing your freedom and having a criminal record.
We understand that defendants are concerned with their reputation and sometimes fear seeking help. But our job is not to judge. We are your advocates.
Your best chance at protecting yourself against the harshest tampering with evidence Nebraska punishment comes when you work with Petersen Criminal Defense Law.
Petersen Criminal Defense Law: Our Job Is to Protect You
Firm founder Tom Petersen is dedicated to helping Nebraska residents. He received his Juris Doctor and graduated Cum Laude from Creighton University School of Law, located in Omaha, Nebraska. Since that time, he has excelled in providing exceptional criminal defense services to clients throughout Nebraska.
Well-versed in the federal and state court system, Petersen Criminal Defense Law stands ready to represent you or your loved one in any criminal proceeding and provides round-the-clock jail release help.
Contact us online or by calling 402-513-2180 for a free case evaluation.