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Tampering / Witness / Evidence

Tampering / Witness / Evidence

If you or a loved one has been arrested or charged with a tampering offense, call Mr. Edelstein today for a CONFIDENTIAL CONSULTATION at (877) 321-4545* or simply take a moment to fill out our confidential and secure intake form. The additional details you provide will greatly assist us in responding to your inquiry.

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914.22  Tampering with a witness, victim, or informant.--

(1)  A person who knowingly uses intimidation or physical force, or threatens another person, or attempts to do so, or engages in misleading conduct toward another person, or offers pecuniary benefit or gain to another person, with intent to cause or induce any person to:

(a)  Withhold testimony, or withhold a record, document, or other object, from an official investigation or official proceeding;

(b)  Alter, destroy, mutilate, or conceal an object with intent to impair the integrity or availability of the object for use in an official investigation or official proceeding;

(c)  Evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official investigation or an official proceeding;

(d)  Be absent from an official proceeding to which such person has been summoned by legal process;

(e)  Hinder, delay, or prevent the communication to a law enforcement officer or judge of information relating to the commission or possible commission of an offense or a violation of a condition of probation, parole, or release pending a judicial proceeding; or

(f)  Testify untruthfully in an official investigation or an official proceeding,

commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2)  Whoever intentionally harasses another person and thereby hinders, delays, prevents, or dissuades any person from:

(a)  Attending or testifying in an official proceeding or cooperating in an official investigation;

(b)  Reporting to a law enforcement officer or judge the commission or possible commission of an offense or a violation of a condition of probation, parole, or release pending a judicial proceeding;

(c)  Arresting or seeking the arrest of another person in connection with an offense; or

(d)  Causing a criminal prosecution, or a parole or probation revocation proceeding, to be sought or instituted, or from assisting in such prosecution or proceeding;

or attempts to do so, is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(3)  For the purposes of this section:

(a)  An official proceeding need not be pending or about to be instituted at the time of the offense; and

(b)  The testimony or the record, document, or other object need not be admissible in evidence or free of a claim of privilege.

(4)  In a prosecution for an offense under this section, no state of mind need be proved with respect to the circumstance:

(a)  That the official proceeding before a judge, court, grand jury, or government agency is before a judge or court of the state, a state or local grand jury, or a state agency; or

(b)  That the judge is a judge of the state or that the law enforcement officer is an officer or employee of the state or a person authorized to act for or on behalf of the state or serving the state as an adviser or consultant.

History.--s. 3, ch. 72-315; s. 44, ch. 75-298; s. 14, ch. 84-363; s. 4, ch. 88-96; s. 12, ch. 91-223; s. 225, ch. 91-224; s. 1, ch. 92-281; s. 33, ch. 2004-11.

Note.--Former s. 918.14.

914.23  Retaliating against a witness, victim, or informant.--A person who knowingly engages in any conduct that causes bodily injury to another person or damages the tangible property of another person, or threatens to do so, with intent to retaliate against any person for:

(1)  The attendance of a witness or party at an official proceeding, or for any testimony given or any record, document, or other object produced by a witness in an official proceeding; or

(2)  Any information relating to the commission or possible commission of an offense or a violation of a condition of probation, parole, or release pending a judicial proceeding given by a person to a law enforcement officer;

or attempts to do so, is guilty of a criminal offense. If the conduct results in bodily injury, such person is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Otherwise, such person is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.--s. 15, ch. 84-363; s. 45, ch. 87-243.

918.13  Tampering with or fabricating physical evidence.--

(1)  No person, knowing that a criminal trial or proceeding or an investigation by a duly constituted prosecuting authority, law enforcement agency, grand jury or legislative committee of this state is pending or is about to be instituted, shall:

(a)  Alter, destroy, conceal, or remove any record, document, or thing with the purpose to impair its verity or availability in such proceeding or investigation; or

(b)  Make, present, or use any record, document, or thing, knowing it to be false.

(2)  Any person who violates any provision of this section shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.--s. 2, ch. 72-315. he third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.--s. 15, ch. 84-363; s. 45, ch. 87-243.

The material on this page represents general legal advice. Since the law is continually changing, some of the provisions contained here may be out of date. It is always best to consult a criminal defense attorney about your legal rights and responsibilities regarding your particular case.

The hiring of a Miami defense lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice or the formation of a criminal defense lawyer / client relationship.

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David M. Edelstein, PA
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