258) What is Tampering with Physical Evidence? - Michael A Haber Miami Criminal Defense DUI Lawyer скачать в хорошем качестве

258) What is Tampering with Physical Evidence? - Michael A Haber Miami Criminal Defense DUI Lawyer

Thank you for asking me “What is Tampering with Evidence”? In Florida Tampering with physical evidence is a 3rd degree felony, punishable by up to 5 years in state prison. It is also a felony in federal court subjecting you to up to 20 years in federal prison. In Fl, under F.S. 918.13, if you know that a criminal investigation or proceeding is pending, or that one is about to be instituted, then it’s a felony to “alter, destroy, conceal, or remove any record, document, or thing with the purpose to impair its verity or availability in such proceeding or investigation”. The key here - in FL state court - is that the tampering has to be done “knowingly”. So if you post something on social media that you later regret, and you decide to delete it, you’ve only committed a potential crime if - at the time that you deleted it- you either knew that the cops were interested in the subject matter or you should have known that the cops were involved, and you chose to chose to delete it anyhow. As usual, the feds take a wider approach... As a matter of federal law under 18 U.S.C. § 1512( c ) - you don't have to KNOW that an investigation is pending to be liable for tampering with evidence, you just have to “corruptly” “alter, destroy, mutilate, or conceal a record, document, or other object, or attempt to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding”. So what’s the difference between “knowingly” (the FL state standard) and “corruptly” (the federal standard)? 15 years. The difference is 15 years. At Michael A. Haber, PA "it's all about reasonable doubt"! Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows: Office Phone: 305-381-8686 Toll Free Phone: 1-888-SHARK-8-1 Cellular Phone / Text: 305-798-2220 http://www.criminallaw.miami E-Mail: [email protected] / [email protected] Facebook: www.facebook.com/HaberPA Twitter: @Sharky910 Blog: http://habercriminallaw.blogspot.com/ Miami Criminal Lawyer Attorney Miami Criminal Lawyer Attorney Miami Criminal Lawyer Attorney Miami Criminal Lawyer Attorney Miami Criminal Lawyer Attorney Miami Criminal Lawyer Attorney Miami Criminal Lawyer Attorney Miami Criminal Lawyer Attorney