Evidence plays a crucial role in the outcome of any criminal case. It’s the foundation upon which prosecutors build their arguments and the key factor that judges and juries consider when determining guilt or innocence. The integrity of evidence is necessary for a fair trial and to uphold the accused’s constitutional rights.
But what happens when evidence is falsified or destroyed? The consequences can be severe, not only for the criminal case itself but also for those involved in tampering with the evidence. False or destroyed evidence can lead to wrongful convictions, erode trust in the justice system, and result in additional criminal charges for those responsible.
When evidence is tampered with, it undermines the entire legal process and can lead to unjust outcomes. Falsified evidence can mislead investigators, prosecutors, and juries, potentially resulting in wrongful convictions and devastating consequences for the accused.
Destroyed evidence also prevents the defense from presenting important information that could prove the defendant’s innocence. This not only violates the accused’s constitutional rights but also hinders the pursuit of justice. The absence of this evidence can make it difficult for the defense to challenge the prosecution’s case and can lead to a guilty verdict based on incomplete or inaccurate information.
When the integrity of evidence is compromised, it calls into question the entire case and can result in a new trial or the defendant’s release. However, the process of uncovering and proving evidence tampering can be lengthy and complex. As a result, the accused can face serious consequences in the meantime, such as a damaged reputation or a loss of freedom.
In Washington, presenting false evidence in a legal proceeding is a gross misdemeanor offense punishable by up to one year in jail and/or a maximum fine of $5,000. According to state law, it is illegal to knowingly present or offer any false physical evidence, which includes articles, objects, documents, records, or other items of physical substance.
RCW 9A.72.150. Tampering with physical evidence.
(1) A person is guilty of tampering with physical evidence if, having reason to believe that an official proceeding is pending or about to be instituted and acting without legal right or authority, he or she:
(b) Knowingly presents or offers any false physical evidence.
Washington’s RCW 9A.72.150 also addresses the crime of destroying evidence. Under this law, an individual commits a criminal offense if they destroy, mutilate, conceal, remove, or alter any physical evidence with the intent to impair its appearance, character, or availability. The accused must know that the evidence is to be used in an official legal proceeding. Like presenting false evidence, destroying evidence is a gross misdemeanor punishable by up to one year in jail and/or a maximum fine of $5,000.
RCW 9A.72.150. Tampering with physical evidence.
(1) A person is guilty of tampering with physical evidence if, having reason to believe that an official proceeding is pending or about to be instituted and acting without legal right or authority, he or she:
(a) Destroys, mutilates, conceals, removes, or alters physical evidence with intent to impair its appearance, character, or availability in such pending or prospective official proceeding.
If you face charges related to false or destroyed evidence, you have the right to defend yourself against these accusations. A Washington criminal defense lawyer can help you build a strategy to counter the prosecution’s case and reduce or even dismiss the charges against you. Depending on the situation, some possible defenses may include:
Facing charges related to false or destroyed evidence can be a daunting and stressful experience. The consequences of a conviction can be severe, impacting your freedom, reputation, and future prospects. In these situations, you need a criminal defense attorney by your side who can help protect your rights and build a strong defense strategy.
A Washington criminal defense lawyer can thoroughly investigate the circumstances surrounding your case, identify any weaknesses in the prosecution’s evidence, and develop a tailored defense strategy to fight the charges against you. They can also negotiate with prosecutors to seek a dismissal or reduction of charges, or aggressively represent you at trial if necessary.
Do not face these serious charges alone. If you have been accused of presenting false evidence or destroying evidence, contact a Tacoma criminal defense attorney today to discuss your case and explore your path forward.