Tampering with evidence is a serious offense that can have far-reaching implications for those who are convicted. In the state of New Jersey and under federal law, tampering with evidence is considered a criminal act and is dealt with harshly under the law. This article aims to provide a comprehensive overview of the crime of tampering with evidence, including its definition, penalties, potential consequences, common defense strategies, and the importance of seeking legal representation. If you find yourself facing charges related to tampering with evidence, it is crucial to understand the legal framework surrounding this offense and seek proper legal guidance.
Statute Governing Tampering With Evidence In New Jersey
To fully understand the legal implications of tampering with evidence in New Jersey, it is essential to examine the relevant statute. The specific statute governing this crime in New Jersey is found under NJ Rev Stat § 2C:28-6. According to NJ law, tampering with or fabricating physical evidence refers to certain actions taken with the intent to interfere with the verity or availability of evidence during an official proceeding or investigation.
Altering, Destroying, Concealing, Or Removing Evidence
Under this law, it is considered a fourth-degree crime to alter, destroy, conceal, or remove any article, object, record, document, or other physical substance with the purpose of impairing its verity or availability in an ongoing or impending official proceeding or investigation. In simple terms, if you knowingly tamper with physical evidence in order to hinder or manipulate the truth, you may be charged with a crime.
Creating Or Using False Evidence
The statute also covers the creation or use of false evidence. If you knowingly make, devise, prepare, present, offer, or use any article, object, record, document, or other physical substance that you know to be false, with the intent to mislead a public servant who is engaged in an official proceeding or investigation, you may be charged with a fourth-degree crime.
Penalties For Tampering With Evidence In New Jersey
Penalties for Tampering with or Fabricating Physical Evidence: Under New Jersey Revised Statutes Title 2C:28-6, tampering with or fabricating physical evidence is classified as a fourth-degree crime. As a result, if convicted, the potential penalties include:
Imprisonment
A fourth-degree crime can lead to a term of imprisonment of up to 18 months. The actual duration of imprisonment can vary depending on the circumstances of the case and any applicable sentencing guidelines.
Fines
In addition to imprisonment, the court may impose fines as part of the penalty. The exact amount of the fine will depend on various factors, including the severity of the offense and the judge’s discretion. In New Jersey, fines for fourth-degree crimes can range up to $10,000.
Probation
Instead of or in conjunction with imprisonment, the court may order probation as part of the sentence. While on probation, you would need to comply with specific conditions set by the court, such as regular check-ins with a probation officer and refraining from engaging in illegal activities.
It is important to note that the penalties mentioned above are specific to this particular statute. Other factors, such as prior criminal history and the presence of aggravating or mitigating circumstances and the availability of pretrial intervention, may also influence the final outcome of your case.
Defenses To Tampering With Evidence
Lack of Intent
One potential defense against tampering with or fabricating physical evidence charges is demonstrating a lack of intent. In other words, it can be argued that you did not purposefully engage in actions to impair the verity or availability of evidence or mislead a public servant. Lack of intent is a crucial element that the prosecution must prove beyond a reasonable doubt, and if this element is called into question, it can serve as a strong defense.
Lack of Knowledge
Another defense that can be raised is the lack of knowledge about the falsity of the evidence or the existence of an official proceeding or investigation. If you can establish that you were unaware of these factors, it may undermine the prosecution’s case. Demonstrating a genuine lack of knowledge can be a valid defense strategy in defending against these charges.
Mistaken Identity
Mistaken identity is a defense that challenges the identification of the defendant as the individual responsible for tampering with or fabricating physical evidence. If there are doubts regarding the accuracy of the identification, whether due to unreliable witness testimony or other factors, this defense can be used to cast reasonable doubt on your involvement in the offense.
Lack of Sufficient Evidence
Challenging the sufficiency of the evidence presented by the prosecution is a common defense strategy. Your attorney will carefully analyze the evidence against you, including the chain of custody, reliability, and admissibility of the evidence. If weaknesses or inconsistencies are identified, it can be argued that the prosecution has not met its burden of proof, thus weakening their case against you.
Constitutional Violations
If your constitutional rights, particularly those protected by the Fourth Amendment, were violated during the investigation or collection of evidence, it can form the basis for a defense. Unlawful searches or seizures can lead to evidence being deemed inadmissible in court, which can significantly weaken the prosecution’s case.
Federal Laws Governing Tampering
Tampering With Evidence
One notable federal law that addresses tampering with evidence is 18 U.S. Code § 1519, also known as the “Destruction, Alteration, or Falsification of Records in Federal Investigations and Bankruptcy” statute. Enacted as part of the Sarbanes-Oxley Act of 2002, this law specifically targets individuals who engage in acts of tampering with evidence during federal investigations or bankruptcy cases.
Under 18 U.S. Code § 1519, it is a federal offense to knowingly alter, destroy, mutilate, conceal, cover up, falsify, or make a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence a federal investigation or any bankruptcy case. This statute aims to safeguard the integrity of federal investigations and ensure the accuracy and reliability of records and evidence.
The penalties for tampering with evidence in federal cases can be severe. If convicted under 18 U.S. Code § 1519, individuals may face imprisonment for up to 20 years, substantial fines, and forfeiture of assets.
Tampering With Witnesses
18 U.S.C. § 1512 is a federal law that deals with witness tampering. It includes:
Killing or Attempting to Kill
If someone intentionally kills or tries to kill another person with the aim to prevent their presence or testimony in an official proceeding, impede the production of records or objects, or obstruct the reporting of information about a federal offense, they can face punishment.
Physical Force Or Threats
Using physical force or threats with the intention to influence, delay, or prevent someone’s testimony, cause the withholding or destruction of evidence, evade legal process, or hinder the communication of information about a federal offense can result in penalties.
The severity of punishment depends on the nature of the offense. In cases of killing, the punishment includes imprisonment for up to 30 years. Attempted murder or the use of physical force can lead to imprisonment for up to 30 years or less. Threats of physical force can result in imprisonment for up to 20 years.
Withholding Evidence
Intimidation, threats, or misleading conduct aimed at influencing testimony, withholding evidence, evading legal processes, or hindering the communication of information about a federal offense can lead to fines, imprisonment for up to 20 years, or both.
Obstruction Of An Official Proceeding
Intentionally altering, destroying, mutilating, or concealing records or objects related to an official proceeding, or engaging in conduct that obstructs or influences the proceeding, may result in fines, imprisonment for up to 20 years, or both.
Harassment With Intent To Hinder
If someone purposefully harasses another person to prevent them from attending or testifying in an official proceeding, reporting a federal offense, seeking an arrest, or initiating a criminal prosecution, they can be fined or imprisoned for up to 3 years, or both.
Related Offenses To Tampering With Or Fabricating Physical Evidence In New Jersey
Obstruction of Justice (N.J.S.A. 2C:29-1)
Obstruction of justice is a broader offense that encompasses various actions aimed at impeding the administration of justice. Under New Jersey law (N.J.S.A. 2C:29-1), obstruction of justice occurs when a person purposely obstructs, impairs, or perverts the administration of law or other government functions. This offense includes tampering with or fabricating physical evidence as well as other activities such as providing false information, threatening witnesses, or interfering with the lawful duties of law enforcement officers. While tampering with or fabricating physical evidence focuses specifically on the evidence aspect, obstruction of justice encompasses a wider range of obstructive behaviors.
Perjury (N.J.S.A. 2C:28-1)
Perjury involves making false statements under oath or providing false information during a legal proceeding. Under New Jersey law (N.J.S.A. 2C:28-1), perjury occurs when a person purposely makes a false statement, which they do not believe to be true, while under oath or affirmation. This offense can occur during a deposition, courtroom testimony, or any other official proceeding. Perjury can undermine the integrity of the legal process and is treated as a serious offense.
False Reports (N.J.S.A. 2C:28-4)
Making false reports to law enforcement or other authorities is another related offense. Under New Jersey law (N.J.S.A. 2C:28-4), false reports occur when a person knowingly gives or causes to be given false information to law enforcement or other government agencies concerning the commission of a crime or information related to an ongoing investigation. Whether it involves fabricating a crime or providing false information about the circumstances surrounding an offense, making false reports is a criminal offense in itself.
Tampering with Witnesses (N.J.S.A. 2C:28-5)
Tampering with witnesses involves engaging in actions that attempt to influence or intimidate witnesses involved in a legal proceeding. Under New Jersey law (N.J.S.A. 2C:28-5), tampering with witnesses occurs when a person knowingly attempts to induce a witness to testify falsely, withhold information, or evade legal process. This offense includes activities such as threatening witnesses, bribing them, or attempting to coerce them into altering their testimony. Tampering with witnesses undermines the integrity of the justice system and can result in separate criminal charges.
New Jersey Criminal Defense Lawyers
Tampering with evidence is a serious crime in New Jersey with severe consequences. Understanding the legal definition, penalties, potential defenses, and the importance of seeking legal representation is vital if you are facing charges.
If you or someone you know has been charged with evidence tampering in New Jersey, it is imperative to act swiftly and seek the guidance of an experienced criminal defense attorney. The Law Offices of Jonathan F. Marshall specialize in criminal defense and have a proven track record in handling cases related to tampering with evidence. Our team of dedicated attorneys understands the intricacies of New Jersey law and will work tirelessly to protect your rights and build a strong defense strategy on your behalf. Contact us today for a confidential consultation and take the first step towards securing the best possible outcome in your case.
