Tampering With Evidence

Legal Definition

A person commits tampering with evidence when, believing that an official proceeding or investigation is pending or about to be instituted, they alter, destroy, conceal, or remove any record, document, or thing with the purpose of impairing its verity or availability in such proceeding or investigation. The statute applies to physical evidence, documents, or other items that may be used in a criminal or civil proceeding. The offense requires both knowledge of a pending or imminent proceeding and the specific intent to impair the evidence's use.

Possible Punishment

Basic sentence of 18 months imprisonment and a fine of up to $5,000. A mandatory period of parole follows release from imprisonment. Sentencing may be enhanced if the tampering relates to a violent felony investigation or if the defendant has prior felony convictions under habitual-offender provisions.

Holds, Warrants, and Procedural Bookings

Not everything in a jail roster is a fresh local crime. This category covers procedural bookings: fugitive-from-justice holds for other states, probation and parole violations, courtesy holds for other agencies, and catch-all offense codes. The person may face no new Doña Ana County charge at all.

Failure-to-appear and bench-warrant bookings are the most common procedural entries in our data. They resolve through the court that issued the warrant, which is why the fastest path out usually runs through a motion to quash rather than anything that happens at the jail.

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