Elizabeth, NJ – Defending Your Rights Against Evidence Tampering Charges

Being accused of tampering with evidence in New Jersey is a serious matter with potentially severe consequences. Whether you’re facing charges or are under investigation, understanding the law and having experienced legal representation is critical. If you’re facing a charge of tampering with evidence in New Jersey, securing representation from Brett M. Rosen is a strategic choice. Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, Rosen’s expertise is recognized by the Supreme Court of New Jersey. His track record of success in complex cases, combined with his innovative legal strategies, makes him a formidable advocate for your defense. With a deep understanding of New Jersey’s legal landscape, Rosen is adept at navigating the intricacies of evidence law to protect your rights and interests. His commitment to his clients is unwavering, offering 24/7 support and a client-centric approach that ensures personalized and vigorous representation. Retaining Brett M. Rosen means choosing a passionate, dedicated, and skilled attorney who will fight for the best possible outcome in your case.

Understanding Tampering with Evidence in New Jersey

N.J.S.A. 2C:28-6 defines tampering with evidence as altering, destroying, concealing, or removing any record, document, or physical object with the purpose of impairing its verity or availability in an official proceeding or investigation. This can involve various actions, including:

• Altering: Changing or modifying evidence to make it misleading or unreliable.
• Destroying: Completely eliminating or making evidence unusable.
• Concealing: Hiding evidence to prevent it from being discovered or used.
• Removing: Taking evidence away from its proper location to hinder an investigation.

Key Elements of Tampering with Evidence

To prove tampering with evidence, the prosecution must establish:

1. The Act: You altered, destroyed, concealed, or removed evidence.
2. Knowledge of Investigation: You believed an investigation was pending or about to be instituted.
3. Intent: Your purpose was to impair the evidence’s truthfulness or availability in the investigation or proceeding.

Under the New Jersey Model Jury Charge, the State must proving the following elements beyond a reasonable doubt: 

1. that the defendant believed that an official proceeding or investigation was
   pending or about to be instituted;
2. that the defendant purposely (choose appropriate conduct) made,
   devised, prepared, presented, offered or used an (choose relevant object)
   article, object, record, document or thing of physical substance, knowing it
   to be false;
3. that the defendant’s purpose in (choose appropriate conduct) making,
   devising, preparing, presenting, offering, or using the (choose relevant
   object) was to mislead a public servant who was engaged in such
   proceeding or investigation.

If the State fails to prove just one element above beyond a reasonable doubt, then the defendant must be found not guilty of the tampering with evidence charge. 

Penalties for Tampering with Evidence in New Jersey

Tampering with evidence is typically a fourth-degree crime, punishable by:

• Up to 18 months in prison.
• Fines up to $10,000.

However, if the tampering involves a governmental record, the charge can be elevated to a third-degree crime, with penalties of:

• Up to 5 years in prison.
• Fines up to $15,000.

Additional Consequences

Beyond the legal penalties, a tampering with evidence conviction can have serious collateral consequences, such as:

• Damage to reputation and credibility
• Difficulty finding employment
• Loss of professional licenses
• Immigration consequences

New Jersey Tampering with Evidence Defenses: Your Legal Options (N.J.S.A. 2C:28-6) 

If you’re facing tampering with evidence charges in New Jersey, understanding your legal options is crucial. Here’s a detailed look at potential defense strategies that a skilled criminal defense attorney can employ to protect your rights and freedom:

1. Lack of Intent

• What It Is: This defense focuses on the lack of intention to impair the availability or integrity of the evidence in an official proceeding or investigation.
• How It Works: If you can prove that your actions were accidental, unintentional, or done without the knowledge that an investigation was pending, this can be a strong defense.
• Evidence to Support: This defense can be supported by witness testimony, circumstantial evidence, or proof of a lack of awareness of any ongoing or imminent investigation.

2. No Pending Investigation

• What It Is: This defense argues that you were not aware of any pending or about to be instituted official proceeding or investigation at the time of the alleged tampering.
• How It Works: N.J.S.A. 2C:28-6 requires the prosecution to prove that you believed an investigation was pending or about to be instituted. If they can’t prove this element, the charge may not hold.
• Evidence to Support: This defense can be supported by demonstrating that you were unaware of any investigation or that there was no reasonable basis for you to believe an investigation was forthcoming.

3. The Evidence Was Unrelated to Any Investigation

• What It Is: This defense focuses on proving that the evidence you allegedly tampered with was not relevant to any actual investigation.
• How It Works: The prosecution must prove that the evidence was relevant to an ongoing or potential investigation. If the evidence has no connection to any probe, this can be a valid defense.
• Evidence to Support: This defense can be supported by showing that the evidence was personal or unrelated to the alleged crime.

4. Insufficient Evidence

• What It Is: This defense challenges the prosecution’s ability to prove all elements of the crime beyond a reasonable doubt.
• How It Works: If the prosecution’s case lacks sufficient evidence to establish your intent, knowledge of an investigation, or that the evidence was altered, concealed, or destroyed, the charge may be dismissed or reduced.
• Attorney’s Role: A skilled attorney will meticulously examine the evidence, identify weaknesses, and raise reasonable doubt in the minds of the jury or judge.

5. Coercion or Duress

• What It Is: Arguing that you were forced or coerced into tampering with evidence due to threats, violence, or other compelling circumstances.
• How It Works: If you can demonstrate that your actions were not voluntary but rather done under duress or coercion, this can be a strong defense.
• Evidence to Support: This defense requires evidence proving the existence of a genuine threat or coercion, such as witness testimony, medical records, or other documentation.

6. Mistaken Identity

• What It Is: This defense challenges the identification of you as the person responsible for tampering with the evidence.
• How It Works: If there is doubt regarding your identity or the accuracy of witness testimony, this defense can raise reasonable doubt about your involvement in the offense.
• Evidence to Support: This defense can be supported by providing evidence of an alibi, inconsistencies in witness statements, or flawed identification procedures.

7. Legal Error

• What It Is: This defense involves identifying errors in the legal process, such as improper police procedures, mishandling of evidence, or incorrect jury instructions.
• How It Works: If errors in the legal process violated your rights or prejudiced the outcome of your case, your attorney can file motions to suppress evidence or appeal a conviction.

Don’t Face Tampering Charges Alone

If you’re facing tampering with evidence charges in New Jersey, don’t hesitate to seek legal help. Contact Brett M. Rosen, Esq. today for a confidential consultation. We’re here to help you navigate this difficult legal situation and achieve the best possible outcome.

New Jersey Tampering with Evidence FAQ: Your Questions Answered 

If you’re facing tampering with evidence charges or have questions about this serious offense in New Jersey, our experienced attorneys have compiled this FAQ to address common concerns and help you understand your legal situation:

Q: What is tampering with evidence in New Jersey?

A: Tampering with evidence is altering, destroying, concealing, or removing any physical object or record with the purpose of impairing its truthfulness or availability in an official proceeding or investigation.

Q: What are some examples of tampering with evidence?

A: Examples include:

• Deleting incriminating text messages or emails.
• Altering financial records to conceal illegal activity.
• Hiding a weapon used in a crime.
• Removing fingerprints or other physical evidence from a crime scene.
• Asking a witness to lie or change their testimony.

Q: What are the penalties for tampering with evidence in New Jersey?

A: Tampering with evidence is usually a fourth-degree crime, punishable by up to 18 months in prison and a fine of up to $10,000. However, if the tampering involves a governmental record, the charge can be elevated to a third-degree crime, carrying penalties of up to 5 years in prison and fines up to $15,000.

Q: Can I be charged with tampering even if I didn’t commit the original crime?

A: Yes. You can be charged with tampering with evidence even if you were not involved in the underlying crime. The act of tampering itself is a separate offense.

Q: What if I didn’t know I was tampering with evidence?

A: To be convicted of tampering with evidence, the prosecution must prove that you knew an investigation was pending or about to be instituted and that you acted with the intent to impair the evidence’s availability or truthfulness.

Q: Can I be charged with tampering with evidence if I only moved something?

A: Yes. Tampering with evidence includes removing or concealing evidence, even if you did not alter or destroy it. The key is whether your actions were intended to interfere with the investigation or legal proceedings.

Q: What are some common defenses against tampering with evidence charges?

A: Potential defenses include:

• Lack of intent to tamper with evidence
• No knowledge of a pending investigation
• The evidence was unrelated to any investigation
• Insufficient evidence to prove the charge
• Coercion or duress

Q: Can digital evidence like photos or videos be tampered with?

A: Yes. Digital evidence can be altered or deleted, which would constitute tampering with evidence.

Q: What should I do if I’m accused of tampering with evidence?

A: Contact an experienced criminal defense attorney immediately. Do not speak to law enforcement or anyone else about the case without legal representation.

Q: Can tampering with evidence charges be dismissed?

A: Depending on the circumstances, charges might be dismissed if the evidence was not relevant to an investigation, there was insufficient evidence, or your rights were violated.

Contact Brett M. Rosen, Esq. Today

If you are facing charges or under investigation for tampering with evidence in New Jersey, don’t hesitate to seek legal help. Contact us today for a free consultation to discuss your case and learn how we can help.

Why You Need an Experienced Attorney

Tampering with evidence cases are complex and require a thorough understanding of criminal law and evidentiary rules. A skilled attorney can:

• Investigate the Facts: Scrutinize the evidence, interview witnesses, and explore all potential defenses.
• Challenge the Prosecution’s Case: Identify weaknesses in the state’s case and build a strong defense strategy.
• Protect Your Rights: Ensure your constitutional rights are upheld throughout the legal process.
• Negotiate with the Prosecutor: Attempt to negotiate a plea deal for reduced charges or alternative sentencing.

Brett M. Rosen, Esq.: Your Advocate Against Tampering Charges

Contact Us for a Confidential Consultation

If you are facing charges or under investigation for tampering with evidence in New Jersey, don’t hesitate to seek legal counsel. Contact us today for a confidential consultation to discuss your case and learn how we can help.