Thursday, October 30, 2014

Is Removing a Security Device while Shoplifting also Tampering with Evidence? ~ Best Answer on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     Is removal of a security device and attempted shoplifting "tampering with physical evidence"?  I was just charged with "petty theft" and a felony charge of "tampering with physical evidence". They claim is was because of the removal of security devices on the products themselves. Do these charges often go hand in hand? I have no criminal record (other than driving offenses) and made no attempt to flee or resist arrest.


A:     Chosen as "Best Answer" by Asker on AVVO!

Licensed in FL
Michael Adam Haber

PRO

Criminal Defense Attorney - Miami, FL

Contributor Level 20

9

Lawyers agree
Answered . Florida Statute 918.13 makes tampering with physical evidence a felony where a person, "knowing that a criminal trial or proceeding or an investigation by a duly constituted prosecuting authority, law enforcement agency, grand jury or legislative committee of this state is pending or is about to be instituted... alter, destroy, conceal, or remove any record, document, or thing with the purpose to impair its verity or availability in such proceeding or investigation".

Its gonna be an interesting legal argument.  It is possible that removing / attempting to remove a security tag does not constitute "tampering with physical evidence" as the tag was never evidence in an investigation until AFTER it was removed. That said it might be "criminal mischief" if the tag was damaged in some way. 

My advise: Hire an experienced Debary area criminal defense lawyer to do the research and prepare a motion to dismiss.

I hope this has been helpful and wish you good luck!
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)


At Michael A. Haber, P.A. the goals in representing folks are A) to be honest and realistic about litigation objectives; B) to be fair in regard to fees; C) to be consistently available and responsive to the client (in person, by phone call, text, email, Facebook. Twitter and otherwise); D) to keep the client informed; and E) to secure your positive feedback / client review at the conclusion of each case.


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Michael A. Haber, Esq. is prepared to speak with you about your case!


Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1




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