Tampering with or Destroying Evidence in Texas
Charged with Evidence Tampering in Dallas, Fort Worth, Denton, or Plano? Call Texas Defenders at 214-306-9696 Today
Tampering with evidence is one of the most overcharged and misunderstood felony offenses in Texas. Whether you allegedly swallowed drugs during a stop, threw something out the window while running, or tried to hide paraphernalia in a bag, you may be facing a third-degree felony—even if the original offense was a misdemeanor.
At Texas Defenders, we defend people in Dallas, Tarrant, Collin, and Denton counties who have been arrested for tampering with or destroying evidence. These charges are serious—but they can be challenged. We'll fight to protect your rights, your record, and your future.
What Is Tampering with Evidence in Texas?
Under Texas Penal Code § 37.09, it's a felony to destroy, alter, or conceal anything with the intent to impair its value as evidence in an investigation or official proceeding.
To prove tampering, the prosecution must show that you:
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Knew there was an investigation (or one was likely),
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Acted intentionally to impair the evidence,
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And took steps to destroy, hide, or change the item.
You can be charged even if no official charges were filed yet, or if the object in question was never recovered.
Common Situations That Lead to Tampering Charges
Tampering charges are frequently filed during or after arrests involving:
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Swallowing drugs during a traffic stop
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Throwing contraband (e.g., THC pen, weed, pills) out a window or into a bush
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Breaking a phone, camera, or device related to a crime
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Hiding evidence in clothing, bags, or vehicles
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Flushing items down a toilet during a raid
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Deleting messages or files in ongoing investigations
Many people are surprised to be hit with a felony charge when they were only facing a minor drug or misdemeanor offense.
Penalties for Tampering with or Destroying Evidence
Tampering is charged as a third-degree felony, punishable by:
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2 to 10 years in prison, and
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Up to $10,000 in fines
If the tampering involved a human corpse, it can be enhanced to a second-degree felony (2 to 20 years). Additionally, prosecutors often stack tampering charges on top of drug, weapon, or theft charges to increase leverage during plea negotiations.
Defenses to Tampering Charges
We build aggressive, fact-based defenses that challenge the assumptions behind the charge. Common defenses include:
✅ No Intent to Tamper
Accidental destruction or instinctive actions (e.g., tossing something without knowing police were watching) are not enough for conviction.
✅ No Ongoing Investigation
If no legal process had begun—or you had no reason to expect one—the charge may not stand.
✅ False Allegations by Police
Officers sometimes exaggerate facts or charge tampering simply because the item wasn't recovered.
✅ Suppression of Evidence
If the search or seizure was unconstitutional, the evidence may be inadmissible.
We also pursue dismissals, charge reductions, or pretrial diversion where appropriate—especially for first-time offenders or young adults.
Local Experience That Matters
We represent clients facing tampering charges throughout:
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Dallas County – Dallas, Garland, Mesquite, Cedar Hill
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Tarrant County – Fort Worth, Arlington, Hurst, Mansfield
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Denton County – Denton, Lewisville, Flower Mound, Little Elm
Whether your arrest happened after a traffic stop, a foot chase, or a drug investigation, we understand how these cases are handled by each district attorney's office.
Don't Let a Felony Tampering Charge Ruin Your Life
A felony conviction for tampering with evidence can have devastating consequences for your job, future, and freedom. But these cases are highly defensible with the right legal strategy.
Call Texas Defenders at 214-306-9696 today for a free consultation. We'll review your case, explain your options, and fight for the best possible outcome.
