Tampering With Physical Evidence / FS 918.13 / Removal of Security Tag / Shoplifting / Attempted Shoplifting / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

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.

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Criminal Defense Attorney – New Port Richey, FL

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Lawyers agree

Answered 10 months ago. 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!

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Since 1991 Michael A. Haber, P.A. has been creatively, effectively and zealously representing clients, both juvenile and adult, in both State and Federal Courts, in criminal cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.

At Michael A. Haber, P.A. “Its all about reasonable doubt”! 

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