Inadvertently tampering with evidence means accidentally affecting evidence that may be relevant to an investigation or legal proceeding. Although an accident is different from intentionally interfering with evidence, it can still raise concerns about how the evidence was handled.
At Query Sautter & Uricchio, LLC, we represent clients in Charleston, SC, in criminal defense matters. Below, we explain how evidence tampering is viewed under South Carolina law and why intent may be an important factor when questions about evidence handling come up.
What Does It Mean to Tamper With Evidence?
Tampering with evidence is a criminal offense under South Carolina law. It generally involves altering, destroying, concealing, or otherwise interfering with evidence that may be used in a legal proceeding. Intent is an important part of the analysis. A person must act with the purpose of impairing the evidence or preventing it from being available.
This distinction is important because accidentally affecting evidence is different from deliberately trying to interfere with an investigation or court proceeding. How the conduct is viewed often depends on the specific facts of the situation.
Questions about evidence handling can occur in many different settings, from criminal investigations to court proceedings. When those questions come up, understanding what happened and why it happened is often an important part of evaluating the situation.
Common Examples of Inadvertently Affecting Evidence
Not every issue involving evidence results from an intentional attempt to interfere with an investigation. In some situations, ordinary actions can affect evidence without a person realizing it.
Examples may include:
-
Deleting text messages or emails before knowing they could be important
-
Throwing away documents, photographs, or other items that may later be needed as evidence
-
Repairing a vehicle before it has been inspected
-
Replacing or resetting a phone that contains potentially relevant information
Whether a particular situation creates legal concerns depends on the circumstances. This is one reason it is important to preserve potentially relevant evidence whenever possible.
What Should You Do If You Think Evidence Was Affected?
If you believe evidence may have been affected, it may help to leave it as it is and avoid making further changes. Taking steps to preserve any remaining information or physical evidence may help prevent additional complications.
The circumstances surrounding the situation can make a difference. Creating a record of what happened may help provide a clearer understanding of the situation. Information about when the evidence was affected and the steps taken afterward may also help clarify the circumstances.
Facing Questions About Evidence Handling?
Accidentally affecting evidence is not the same as intentionally interfering with an investigation. However, questions about evidence handling should not be ignored, especially when the facts of the situation are unclear or a criminal investigation is involved.
Understanding how evidence issues may affect a criminal case often starts with a careful review of the facts. If you would like to discuss your situation, contact our legal team at Query Sautter & Uricchio, LLC or call 843-795-9500.