Falsifying Physical Evidence
The police are banging on your door shouting, "we have a warrant open the door." You have a small amount of marijuana in your backpack. In a state of panic, you decide to throw the backpack out of the window, hoping the police will not find it. Unfortunately for you, prior to knocking on the door, the officers established a perimeter around your house, and an officer saw you throw the bag out of the window. The backpack is recovered along with a small amount of marijuana. What would have been a simple misdemeanor possession offense has just been elevated to a felony, falsifying physical evidence.
In New Hampshire, RSA 641:1 punishes this offense as a class B felony. Specifically, if a person believes an investigation is pending or about to be instituted and he: Alters, destroys, conceals or removes any thing with a purpose to impair its verity or availability in such proceeding or investigation; or Makes, presents or uses any thing which he knows to be false with a purpose to deceive a public servant who is or may be engaged in such proceeding or investigation, he has committed the crime of falsifying physical evidence.
The lesson here is to avoid making a bad situation even worse. Do not compound a criminal case by attempting to hide evidence. Almost every time, the officers are going to find whatever it is you attempted to conceal.
If you have been charged with a crime alleging falsifying physical, you should contact the Law Office of Chadwick Fricano and Weber at 603-880-6100. We offer a free initial consultation.