Tampering and False Information
Fighting for Clients In Deland, Daytona Beach and Throughout Central Florida
Tampering evidence or providing false information to a law enforcement officer are crimes grouped under the umbrella of “obstruction of justice”. The classifications for these crimes range from a first degree misdemeanor to a first degree felony punishable by life imprisonment.
Have you been charged with a crime in Central Florida? With offices conveniently located in DeLand and Daytona Beach, our team can defend you against your criminal charges.
Tampering With or Fabricating Physical Evidence
Tampering with evidence means to alter, destroy, conceal, or remove physical evidence such as a document, record, or item. Fabricating means to create, present, or use any record, document, or item knowing that it is false evidence. Proving that the defendant had knowledge is essential to charges of tampering or fabricating evidence. Aside from knowing the evidence is false, the state must also prove that the defendant knew that a criminal trial or proceeding or an investigation was pending at the time of the offense. If the State can’t prove this, then you can’t be found guilty. Tampering with or fabricating evidence is a third degree felony punishable by up to five years of imprisonment, five years of probation, and a fine of $5,000.
Tampering With or Harassing a Witness
Generally, tampering with or harassing a witness is a much more serious crime than tampering with evidence. To be convicted of this crime, the state must prove that the defendant used or attempted to use intimidation or force, threatened, engaged in misleading conduct, or offered a benefit or gain to the witness with the intent to cause the witness to withhold testimony, alter evidence, evade legal proceedings or investigations, or testify untruthfully. The possible punishment depends on the circumstances:
First degree misdemeanor – If the harassment of the witness was done to affect an investigation or proceeding that involves a misdemeanor. Punishable by one year imprisonment, one year of probation, and a fine of $1,000.
Third degree felony – If the harassment of the witness was done to affect an investigation or proceeding that involves a third degree felony; or if tampering or harassment with a witness is done with the intent to affect an investigation or proceeding involving a misdemeanor or if the proceeding is indeterminable or a noncriminal infraction. Punishable by five years of imprisonment, five years of probation, and a fine of $5,000.
Second degree felony – If the harassment of the witness affects the investigation or proceeding of a second degree felony. Punishable by ten years imprisonment, ten years of probation, and a fine of $10,000.
First degree felony – If the harassment of the witness affects the investigation or proceeding of a first degree felony; or if the witness tampering affects a second degree felony investigation or proceeding. Punishable by 30 years imprisonment, 30 years of probation, and a fine of $15,000. If the harassment or tampering of the witness affects an investigation or proceeding of a first degree felony punishable by life, then the punishment for witness tampering or harassment is also life imprisonment.
Life felony – If the witness tampering affects the investigation or proceeding involving a capital felony, such as homicide. Punishable by life imprisonment.
False Information to Law Enforcement
Providing false information to a law enforcement officer is a crime when the information is provided during a missing person investigation or a felony criminal investigation. In addition, the State must prove that the defendant knew that the law enforcement officer, and that they intended to mislead or impede the investigation. If successfully proven by the state, providing false information to a law enforcement officer is a misdemeanor of the first degree, punishable by up to one year of imprisonment, one year of probation, and a fine of $1,000. The crime can also be a third degree felony if the defendant has a prior conviction of providing false information, and the current charge is corroborated by a written or recorded statement, audio recording, or another person who was present; or if the information is communicated through writing. If proven, a third degree felony is punishable by up to 5 years of imprisonment, 5 years of probation, and a fine of $5,000.
The Thompson Law Approach
At Thompson Law, we believe firmly that the best defense is one that is uniquely crafted to fit the circumstances of your case. No matter how similar cases may be, the facts are never identical. Using a cookie-cutter approach that some big law firms use simply does not get the best results for clients. We take the time to sit down with each client, actively listening to their recount of their arrest. Even before you decide to hire attorney Matt Thompson, your free case evaluation can happen right here at our office so that you get the benefit of meeting your attorney before making a final decision. If you or a loved one is facing jail time, one of the most important choices you’ll have regarding your defense is which law firm to hire. We would be honored to have Thompson Law be your number one choice.
Client-Focused. RESULT-DRIVEN.
Working Closely with You To Build a Strong Case
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Deferred Prosecution Agreement Loitering and Prowling
Client became disoriented due to a medical condition and entered a car that did not belong to him, but looked just like his car. Attorney Thompson provided mitigation to the State concerning the Defendant’s medical issues and ensured the client would be offered a Deferred Prosecution Agreement by the State wherein all charges would be dismissed upon completion.
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All Charges Dismissed Domestic Violence
Client was texting a friend when her significant other tried to grab for her phone. When the client tried to pull away, the victim claimed that he was battered and the client was arrested and brought before DCF due a child being in the house. Attorney Matt Thompson wrote a letter to the State explaining the discrepancy in evidence and claimed that the client was in fact moving away from the victim and did not intentionally try to hit the victim. All charges against the client were dismissed.
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All Charges Dismissed Racing on the Highway
Client was arrested after leaving a car show in a fast vehicle. Officers suspected the client of racing another vehicle and police officers pulled him over, drug him out of his vehicle, and arrested him for both racing on the highway and resisting an officer without violence. Upon review of the body camera video, Attorney Matt Thompson raised an excessive use of force complaint against the arresting officer. All charges against the client were dismissed.
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Charges Reduced, Guidelines Waived, No Probation Failure to Register as a Career Criminal
The Client was arrested out of State for a warrant for failure to register as a career criminal. This violated his probation out of Miami-Dade County, Florida. Attorney Thompson was able to track the Client’s addresses and discovered that his landlord at the time lied to his probation officer about his renting an apartment because the landlord was not zoned to allow tenants. The State agreed to a time-served sentence for the time he spent in custody being transported to Florida.
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All Charges Reduced Aggravated Battery
Attorney Thompson conducted depositions on the alleged victim and third-party witness. Attorney Thompson was able to show that the victim was harassing the Defendant and was not being truthful to the police. Attorney Thompson filed Order to Show Cause against the third-party witness for avoiding subpoena for depositions.
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All Charges Dismissed Robbery
Attorney Thompson met with the Client soon after his arrest. It was clear that the person who was in the vehicle with the Client was the person guilty of committing the robbery and that the Client was more of a bystander. Attorney Thompson provided information to the State Attorney’s Office to separate the Client from the co-defendant. The information provided to the State resulted in all charges against the Defendant being dismissed.