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Tampering with Evidence

Tampering with Evidence in Florida 

Tampering with evidence is committed when individuals with knowledge concerning a criminal investigation, destroy evidence related to that investigation. 


Florida Statute §918.13, states that a person may be charged with this crime when a person who is aware that a legal investigation, proceedings, or criminal trial has been instituted or pending, either: 

Knowingly uses, presents, or creates false documents, records, or things; or

Removes, conceals, destroys, or alters things, documents, or records for impairing their availability or verity during an investigation, proceeding, or trial. 

Applicable Penalties 

This offense is a Felony of the Third Degree within the state of Florida. The court may impose any of these following penalties in any combination: 

Fine not exceeding $5000

Probation period not exceeding 5 years

Imprisonment period not exceeding 5 years 

Applicable Specific Defenses 

Unofficial Proceedings or Investigation

An individual is not considered to have committed this offense if the evidence tampering is in relation to unofficial proceedings or investigations, like disciplinary investigations conducted by school authorities. 

Removal of evidence from one's own body

Removing evidence and items from one's own person, like throwing away drugs when law enforcement officers are nearby, is not considered to be Tampering with The Evidence.

For an action to be classified under this offense, some act must be done, which was intended to destroy or alter important evidence, instead of removing it from an individual's own body.

Contact Criminal Defense Lawyer Larry Avallone.

If you've been charged or arrested under this charge in the Daytona Beach area, contact Larry Avallone, who is an expert Criminal Defense Lawyer in Volusia County.

My initial consultation is completely free. I am ready to provide legal advice regarding the next steps that are to be taken in your case.