Miami Tampering with Evidence/Witness Attorney

If you are facing charges for tampering with a witness or tampering with evidence, you must consult with an experienced Miami tampering with evidence attorney as soon as possible to discuss your legal options and defend yourself against the charges.

If police are investigating you but charges have not been filed, our page on representation during a criminal investigation explains how counsel can help before an arrest.

Tampering with a witness and tampering with evidence are separate Florida offenses. One concerns unlawful efforts to affect another person’s testimony, reporting, or cooperation; the other concerns physical evidence or fabricated records. Both can carry serious penalties.

What is Tampering with Evidence?

Evidence tampering can involve altering or hiding evidence, destroying it, or fabricating it.

Under Florida Statute 918.13, a person must know that a covered trial, proceeding, or investigation is pending or about to begin and either:

  • Alters, destroys, conceals, or removes any record, document, or thing with the purpose to impair its verity or availability in such trial, proceeding, or investigation; or
  • Knowingly creates, presents, or uses any false record, document, or thing.

Penalties for Tampering with Evidence

Tampering with evidence is generally a third-degree felony, punishable by up to five years in prison and a $5,000 fine. When the affected trial, proceeding, or investigation relates to a capital felony, the offense is a second-degree felony, punishable by up to 15 years in prison and a $10,000 fine. Enhanced sentencing provisions may apply in some cases.

Defenses to Tampering with Evidence

Some potential defenses to the crime of tampering with evidence include:

  • Missing mental element: The required proof differs between impairing evidence and knowingly making, presenting, or using a false item. The defense should address the form of tampering actually charged.
  • Discarding evidence: Whether discarding an item amounts to tampering depends on the facts. Throwing evidence away can support a tampering charge when done to impair its availability in a known pending or impending investigation. The defense should examine the person’s knowledge, intent, and actions.
  • Lack of knowledge: The defense may challenge whether the accused knew that a covered investigation or proceeding was pending or about to begin.
  • Mistake of fact: If a person believed that the evidence in question was not relevant to the investigation or trial and therefore tampered with it, they might be able to use a mistake of fact defense.
  • Coercion or duress: If a person was forced or threatened to tamper with evidence, they might be able to use a defense of coercion or duress.

The available defenses depend on the charge and the facts. An attorney can review the evidence and assess which defenses apply.

What is Tampering with a Witness?

Under Florida Statute 914.22, tampering with a witness is committed when a person tries to influence a witness, victim, or informant in an official investigation or proceeding by using:

  • Intimidation or physical force
  • Threats
  • Misleading conduct
  • Offering pecuniary benefits or gain

This can happen when someone tries to make someone do these things:

  • Withhold testimony, records, documents, or other evidence from an official investigation or proceeding
  • Alter, destroy, mutilate, or conceal evidence with the intent to impair its integrity or availability for use in an official investigation or proceeding
  • Evade a subpoena to appear or to produce tangible evidence in an official investigation or proceeding
  • Be absent from an official proceeding to which such person has been subpoenaed
  • Hinder, delay, or prevent the communication of information relating to a crime or violation of probation, parole, or release to a law enforcement officer or judge
  • Testify untruthfully in an official investigation or proceeding

In a domestic violence case, threats intended to stop someone from reporting an alleged offense can lead to a separate witness-tampering charge.

Harassment of a Witness

Florida law also makes it illegal to harass a witness.

A person commits harassment of a witness if they intentionally harass a person, which hinders, delays, prevents, or dissuades the person from:

  • Attending or testifying in an official proceeding or cooperating in an official investigation;
  • 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;
  • Arresting or seeking the arrest of another person in connection with an offense; or
  • 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, commits the crime of harassing a witness, victim, or informant.

Penalties for Tampering with a Witness

The maximum punishment for tampering with a witness is determined by the offense level of the official investigation or official proceeding that the individual is accused of trying to influence.

A third-degree felony ordinarily carries up to five years in prison and a $5,000 fine. A second-degree felony carries up to 15 years and a $10,000 fine. A first-degree felony ordinarily carries up to 30 years and a $10,000 fine, although the witness-tampering statute allows a sentence up to life when the affected investigation or proceeding involves a first-degree felony, including one punishable by life.

The higher the offense level of the affected official investigation or official proceeding, the more severe the maximum punishment will be. For example, if the official investigation or proceeding is related to a life or capital felony, the punishment will be a life felony, with a maximum of life in prison and a fine of $15,000.

Note that the maximum punishment is the maximum sentence a judge may impose, but depending on the specific circumstances of a case, the actual sentence may be lower. The offender’s previous criminal history, the severity of the offense, and whether the offender cooperated with the authorities are just a few of the factors to consider.

Penalties for Harassment of a Witness

As with the penalties for tampering with a witness, the punishment for this crime is determined by the offense level of the official investigation or official proceeding the individual is accused of trying to influence. The punishment ranges from a misdemeanor of the first degree for a misdemeanor investigation or proceeding to a felony of the first degree punishable by a term of years not exceeding life for a life or capital felony investigation or proceeding. The punishment also varies depending on the level of the affected official investigation or official proceeding, being a first, second, or third-degree or indeterminable.

Defenses to Tampering with a Witness

Several potential defenses can be raised in a case of witness tampering. Some of the most common include:

  • Lack of intent: To be convicted of tampering with a witness, the prosecution must prove that the individual intended to influence the witness’s testimony or behavior. If the individual can show that their actions were not done to influence the witness, they may be able to have the charges dismissed.
  • Insufficient evidence: The prosecution must prove every element beyond a reasonable doubt. The defense should test whether the evidence establishes the alleged conduct and required intent.
  • Scope of the statute: The defense should examine whether the alleged conduct falls within the witness-tampering law. An official proceeding need not already be pending, and some noncriminal official matters are covered.
  • False accusations: Individuals may sometimes be falsely accused of tampering with a witness. In this case, the defense can present evidence to show that the allegations are false, such as an alibi or other evidence that proves the accused was not present at the time of the alleged crime.
  • Mistaken identity: The defense may argue that the individual being accused is not the person who committed the crime.
  • Duress: If the individual can prove they committed the crime under duress, such as when someone threatened them or their loved ones, they may be able to have their charges reduced or dismissed.

Contact an Experienced Miami Tampering with a Witness/Evidence Attorney

If you have been accused of tampering with evidence or tampering with a witness in Miami, you must contact an experienced Miami tampering with a witness attorney right away. At our law firm, we understand that being charged with a crime can be a stressful and overwhelming experience, and we are here to guide you through the legal process and protect your rights.

Our team of experienced attorneys has a thorough understanding of the laws and statutes related to tampering with evidence and tampering with a witness charges. We have extensive experience in the court system and know how to navigate it effectively to achieve the best possible outcome in your case.

We are well-versed in the prosecution’s strategies and tactics and will use our knowledge to anticipate their moves and counter them effectively. Our attorneys have strong negotiation skills and will work tirelessly to negotiate with the prosecution to reduce or dismiss the charges.

We understand that every case is unique, and we will work closely with you to develop a personalized defense strategy tailored to your specific needs and circumstances. Our attorneys will be by your side every step of the way, ensuring that your rights are protected and that you are fully informed about the progress of your case.

If the case goes to trial, our attorneys will do everything they can to present a compelling defense on your behalf. We believe in providing aggressive, effective, and compassionate representation, and we will fight tirelessly to defend your rights and achieve the best possible outcome in your case.

Don’t hesitate to contact us today to schedule a consultation with one of our experienced criminal defense attorneys. We are here to help you and guide you through this difficult time.

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