CR 9-307: Tampering With Evidence

Maryland law prohibits tampering with or fabricating physical evidence under section 9-307 of the Criminal Code.  Tampering includes destroying, altering, concealing or removing.  The evidence in question must be of the kind that the defendant believes may be used in a pending or future official proceeding.  It is also illegal under this statute to introduce physical evidence in an official proceeding if the person knows the evidence has been altered or fabricated with the intent to deceive.  An official proceeding includes criminal trials, hearings related to a criminal case (such as sentencing), grand jury proceedings and any other proceeding in a criminal or juvenile matter.  It is still a crime to introduce false evidence into another type of case such as a civil matter, but this would likely result in a perjury charge rather than tampering charges.
 
Keep in mind that the definition of tampering includes pending or future criminal proceedings.  Therefore, if the police are executing a search warrant a person can be charged with tampering for attempting to hide evidence, take evidence away from the home or destroying evidence.  Even if police are conducting a traffic stop a person could be charged with tampering for throwing contraband out of the window.  This type of case would be much weaker than a search warrant case, but that does not mean police can’t tack on an extra charge.  Tampering cases can also be filed after a person has been charged, but in this scenario, it would often be based on the introduction of altered or fabricated evidence.  A person who testifies about fabricated or altered evidence could also be charged with perjury.
 
Obstructing and hindering is a common law offense in Maryland, which means it is not listed in the criminal code but is frequently used by police as an add-on charge in tampering cases.  Anyone who police believe has attempted to destroy or hide evidence would also potentially be accused of hindering or obstructing a police investigation.  Obstructing and hindering does not have a defined maximum penalty like all other common law offenses, but a sentence would be limited by protections against cruel and unusual punishment.  As we mentioned in the first paragraph, anyone who knowingly testifies about fabricated or altered evidence faces the possibility of being charged with perjury under Maryland Criminal Code Section 9-101.
 
One of the most common defenses in a tampering case would be challenging the knowingly requirement of the statute.  A person could potentially be charged with getting rid of evidence without ever knowing that a criminal investigation was ongoing.  Tampering is not a strict liability offense, so the State would not be able to meet its burden in this scenario.  For example, flushing drugs down the toilet would only be a crime if it was done with the direct intent to conceal such evidence from law enforcement.
 
Under Maryland law tampering with evidence carries up to 3 years in prison upon conviction and a $5,000 fine.  It is classified as a misdemeanor.
 
If you have been charged with tampering with evidence under 9-307 anywhere in Maryland call criminal defense lawyer Benjamin Herbst anytime for a free consultation at 410-207-2598.  Benjamin is standing by to offer a free consultation about your case and explain what defenses may be available to you.  The Herbst Firm offers flexible payment arrangements in all state and federal cases.