NJ Tampering With Evidence Lawyer In New Jersey

Fighting Tampering with Evidence Charges in NJ

You are facing serious criminal charges in New Jersey. In a moment of panic, you make the fateful decision to hide or destroy potential evidence against you. Later, you are charged with tampering with evidence under NJ law. What do you do now?

While tampering with evidence is a serious offense, all hope is not lost. There may still be strong defenses available. In this article, we will examine strategies for fighting tampering charges in New Jersey. With an experienced criminal defense lawyer on your side, you may be able to get charges reduced or dismissed.

Tampering with Evidence Law in New Jersey

Under New Jersey statute 2C:28-6, a person commits tampering with evidence if they[1]:

• Alter, destroy, conceal or remove any evidence
• Believe an investigation is pending or about to be instituted
• Do so with the purpose of impairing the evidence’s verity or availability

Tampering charges can be brought as 4th degree indictable offenses or disorderly persons offenses in NJ.

You Did Not Actually Damage or Conceal Any Evidence

For a tampering conviction, the state must prove you succeeded in impairing evidence linked to an investigation. If you merely attempted but failed to hide or destroy evidence, that is not sufficient under the law. For example, you[2]:

• Attempted but could not delete files from a computer
• Were prevented from removing documents before police arrived
• Tried but failed to wipe fingerprints from a weapon

Without actual damage or concealment of evidence, there is no completed act of tampering under NJ law.

You Did Not Know About Any Investigation

To be guilty of tampering, you must have known an official investigation was underway or imminent. If you were unaware of any pending probes when engaging in the actions at issue, that negates the intent required under the statute. For instance, you[3]:

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2024-03-21

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2024-03-18

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2024-03-15

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2024-03-15

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• Deleted emails as part of routine computer maintenance
• Disposed of property for unrelated reasons
• Cleaned up a scene without realizing police were coming

Your lawyer can argue you took innocent actions without knowledge of any investigations.

The Evidence Was Unrelated to Any Investigation

Prosecutors must also prove the evidence allegedly tampered with was relevant to an actual investigation. If the evidence had no connection to any probe, that is a defense. For example, you[4]:

• Destroyed your personal financial records unrelated to the case
• Disposed of property not being actively investigated
• Cleaned up a scene having no link to the alleged crimes

If the evidence is not material to an investigation, tampering charges cannot apply.

You Were Coerced or Under Duress

Another potential defense is arguing you only tampered with evidence due to coercion, duress, or necessity. For instance, you[5]:

• Feared violent retribution if you did not comply
• Were threatened into destroying evidence
• Acted to prevent greater harm from occurring

While limited, these defenses may succeed in exceptional cases with proof of threats or imminent danger.

Get an Experienced NJ Tampering with Evidence Lawyer

Don’t go it alone against tampering charges – retain a skilled criminal defense attorney. A knowledgeable lawyer can:

• Identify weaknesses in the prosecution’s case
• Craft strong defense arguments tailored to the facts
• File motions to suppress evidence improperly obtained
• Negotiate with prosecutors for reduced charges
• Represent you through trial if necessary

An attorney experienced in fighting NJ evidence tampering allegations can make all the difference. Don’t wait to get legal help.