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Tampering With Evidence Lawyer In New Jersey

Tampering With Evidence Lawyer in New Jersey

Getting charged with tampering with evidence in New Jersey can lead to serious criminal penalties. If you are facing allegations of evidence tampering, it is critical that you understand your rights and seek experienced legal representation. This article provides an overview of tampering with evidence laws in New Jersey, potential defenses, and why hiring a knowledgeable criminal defense attorney is so important.

What is Tampering With Evidence in New Jersey?

New Jersey statute 2C:28-6 makes it a fourth-degree crime to alter, destroy, conceal or remove any physical object or document with the purpose of impairing its availability or verity in an official proceeding or investigation that the person knows is pending or about to be instituted.

In other words, if you know there is an active investigation or legal case and you tamper with evidence related to that case, you can be criminally charged. Tampering with evidence involves things like:

  • Destroying or hiding documents
  • Deleting files from a computer
  • Altering physical evidence like weapons or blood samples
  • Encouraging witnesses to lie or change their testimony

The statute also makes it illegal to fabricate evidence. Making, presenting or using any false physical evidence if you know it’s fake and intend to mislead investigators or the court is considered tampering with evidence.

Penalties for Tampering with Evidence in New Jersey

A conviction for tampering with or fabricating physical evidence is a fourth-degree crime in New Jersey. This can lead to:

  • Up to 18 months in prison
  • Fines up to $10,000
  • Probation up to 5 years
  • Permanent criminal record

In addition to fines and imprisonment, a conviction can impact your career, education, and future in many ways. Any tampering with evidence charges should be taken very seriously.

Defenses to Tampering with Evidence Charges

There are defenses that an experienced criminal defense lawyer may use to fight tampering with evidence allegations, such as:

  • Lack of intent – The prosecution must prove you intended to obstruct justice. If you can show there was no intent, it can defeat the charges.
  • No active investigation – If there was no pending case or investigation at the time, it may not meet the standards for evidence tampering.
  • Unlawful police conduct – If evidence was obtained through an illegal search or seizure, it may be excluded.
  • Misidentification – Mistaken identity is possible, especially if the allegations are vague.
  • False allegations – In some cases, charges are fabricated by a disgruntled person.

An attorney can evaluate the specifics of your case and decide which defenses may apply.

Related Offenses

Along with tampering with evidence, related charges in New Jersey include:

  • Obstruction of justice – Hindering an active investigation through unlawful acts.
  • Perjury – Knowingly making false statements under oath.
  • Witness tampering – Attempting to influence or intimidate witnesses.
  • Resisting arrest – Physically resisting police apprehension.

If you are facing multiple charges, an experienced lawyer can help address all the accusations.

Federal Laws on Evidence Tampering

In addition to state laws, there are federal statutes that prohibit tampering with evidence in federal investigations or bankruptcy proceedings. One key law is 18 U.S. Code § 1519, which provides penalties of up to 20 years in prison for knowingly altering or destroying records during a federal investigation.

Why Hire a NJ Criminal Defense Lawyer?

Facing criminal allegations related to evidence tampering can be an extremely stressful and frightening experience. The penalties are severe, and a conviction can damage your future.

A knowledgeable New Jersey defense lawyer has the experience to protect your rights and build the strongest case. An attorney can evaluate the prosecution’s evidence, identify weaknesses, raise appropriate defenses, negotiate with the prosecutor, and represent you in court if necessary.

Having skilled legal counsel on your side can make all the difference in the outcome of your case. Do not leave your fate to chance – consult with a criminal defense attorney as soon as possible.

Finding the Right Lawyer for Your Case

If you or someone you love has been accused of tampering with evidence in New Jersey, time is of the essence. The legal team at [My Firm] has extensive experience representing clients facing allegations of evidence tampering and related charges throughout the state. We understand how devastating these accusations can be, and we are here to help.

To set up a free initial consultation and case evaluation, call us today at [phone number]. Our experienced criminal defense lawyers will thoroughly review the details of your unique situation, answer all your questions, and start building a strategic defense to protect your future. Call now to learn more about how we can help.

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