Deleting a text message string related to a business contract during a civil lawsuit might seem inconsequential, but could it lead to criminal charges? The answer is yes—under certain circumstances, destroying evidence can indeed be a crime. Here’s what you need to know. If you have further questions, contact Simmons Wagner, LLP at (949) 439-5857 for a free legal consultation.
When Can You Be Charged with Destroying or Concealing Evidence?
You can face charges for destroying or concealing evidence if you:
- Willfully destroy or conceal evidence
- Do so when the evidence is to be produced during a legal proceeding
- Intend to prevent the evidence from being produced
Most states classify the destruction of evidence as a misdemeanor, which can result in:
- Custody in county jail
- Fines
Understanding “Willfully”
To act “willfully” means to perform an act voluntarily and intentionally. Therefore, it is a defense against destruction of evidence charges if the evidence was destroyed accidentally or inadvertently. For example, mistakenly discarding or altering evidence typically does not lead to charges. However, deliberately erasing or destroying evidence with intent will result in criminal charges.
What Constitutes “Evidence”?
“Evidence” refers to any object or item a party offers in a legal proceeding to prove an alleged fact. This includes:
- Witness testimony
- Records and documents
- Physical objects (e.g., a murder weapon)
- DNA samples
- Text messages and emails
- Video recordings
- Hard drives
- Vehicles
If what you alter or erase is not considered “evidence” in an official proceeding, you generally will not face a criminal case.
What Is a Legal Proceeding?
“Legal proceeding” encompasses a variety of different contexts, including:
- Criminal investigations by law enforcement
- Criminal trials
- Civil trials
- Inquiries
Is Destruction of Evidence the Same as Obstruction of Justice?
Generally, no. Destruction of evidence and obstruction of justice are distinct crimes. Obstruction of justice typically involves:
- Knowingly attempting to obstruct, delay, or prevent communication of information to the police
- Doing so regarding the commission of a crime
In some states, obstruction of justice is not a specific offense but refers to acts like:
- Tampering with evidence
- Preparing false evidence
- Resisting or obstructing a police officer
Can a Criminal Defense Attorney Help?
Absolutely. If you face charges for destroying evidence, seeking legal advice from a criminal defense lawyer is crucial. A defense attorney can assist by:
- Ensuring your release on recognizance or bail after an arrest
- Appearing for court hearings on your behalf
- Filing for an expungement if you are convicted
- Helping you raise a legal defense to contest the charges
Common defenses against destruction of evidence charges include demonstrating:
- Mistake of fact
- Lack of probable cause for arrest
- Absence of intent to destroy evidence
A robust defense will cast reasonable doubt on the charges filed against you.
Seek Legal Help Today
Destroying evidence can carry serious consequences, but a knowledgeable criminal defense attorney can help navigate these challenges. If you’re facing such charges, contact Simmons Wagner, LLP at (949) 439-5857 for a free legal consultation. Our experienced attorneys can provide the guidance and representation needed to protect your rights and achieve the best possible outcome.