What Should You Do If You’re Accused of Tampering With Evidence?

Being accused of tampering with evidence is a serious charge that can have lasting consequences. In Ohio, this is considered an offense against justice and public administration, carrying significant penalties. If you find yourself in this situation, it is crucial to act swiftly and strategically. The VanNoy Firm defends clients against criminal charges, and we are prepared to protect your rights. If you’ve been accused of tampering with evidence, here are the immediate steps you should take:

• Assert your right to remain silent and avoid responding to any questions from law enforcement.
• Do not consent to any searches of your property.
• Politely state that you want to speak with an attorney.
• Contact a trusted criminal defense lawyer immediately.

What Actions Count as Altering or Hiding Evidence?

Under Ohio law, tampering with evidence involves specific actions performed with the knowledge that an official proceeding or investigation is in progress or likely to begin. A person can be charged if they:

• Alter, destroy, conceal or remove any record, document or object with the specific purpose of making it unavailable or less valuable as evidence.
• Make, present or use any record, document or object they know is false with the intention of misleading a public official or corrupting the outcome of the investigation or proceeding.

This could include anything from deleting emails and text messages to shredding financial documents or hiding a physical object related to a case. It is a third-degree felony, which carries a presumption of a prison sentence.

What if I Destroyed Something by Accident?

Not every act of destroying an object or document qualifies as tampering. The prosecution is required to demonstrate that you knowingly and intentionally sought to interfere with an investigation. There are often innocent explanations for why an item might have been damaged, lost or destroyed. For example, you may have:

• Discarded old receipts or documents as part of a routine cleanup, unaware they would become relevant to an investigation.
• Accidentally deleted digital files during regular system maintenance.
• Disposed of an item that you did not know had any connection to a potential criminal case.

These situations lack the key element of intent. An experienced attorney can help collect essential evidence to show that your actions were unintentional and not meant to obstruct justice.

How Can I Prove I Didn’t Intend to Mislead Anyone?

Proving a lack of intent is the cornerstone of a strong defense against evidence tampering charges. The burden of proof rests on the prosecution to show that you knowingly and purposely tried to impair an investigation. A skilled defense attorney can challenge the prosecution’s case by demonstrating that you had no knowledge of an ongoing or pending investigation, or that your actions had a legitimate purpose unrelated to the case. This defense is often referred to as a “mistake of fact,” where you were not aware that the item in question was relevant to any legal proceeding.

How Can Early Legal Help Affect the Charges?

Seeking legal intervention as soon as you are accused or become aware of an investigation is critical. An attorney can immediately begin communicating with law enforcement and prosecutors on your behalf, protecting you from making statements that could be used against you. Early involvement allows your legal team to:

• Investigate the circumstances surrounding the accusation.
• Preserve evidence that supports your defense.
• Negotiate with the prosecution to reduce or dismiss charges before they’re officially filed.

Having an experienced lawyer by your side from the outset ensures your rights are protected at every stage and significantly improves your chances of a favorable outcome.

Secure Your Defense Today

An accusation of tampering with evidence requires an aggressive and knowledgeable legal defense. The VanNoy Firm is committed to pursuing every legal and ethical avenue to secure the best possible outcomes for our clients. We understand the complexities of these cases and will use our experience to build a strong defense tailored to your situation. If you are facing charges in Dayton or the surrounding Ohio communities, do not wait to seek help. Contact The VanNoy Firm today for a consultation.