When a defendant is accused of a crime, the prosecutor in the case must prove the defendant’s guilt beyond a reasonable doubt. The prosecutor can present many different types of evidence to try to convince the court that the defendant violated the law. Scientific evidence, witness testimony, and documents and other materials can all be submitted by the prosecutor in a criminal case. The prosecutor, however, is restricted to presenting only evidence that was obtained lawfully and not in violation of the constitutional rights of the defendant.
Just as the prosecutor has certain obligations in regards to evidence, so too does the defendant and others who may have been involved with the defendant or involved with the commission of a crime. For example, Nevada law makes the destruction of evidence unlawful.
If you are accused of destroying evidence, you could face serious criminal charges. The offense is defined in Chapter 199 of Nevada’s code, which is the chapter of the state code that criminalizes offenses against public justice.
LV Criminal Defense has extensive experience providing representation to clients accused of destroying evidence and to clients accused of other crimes against public justice. Our legal team can provide you with knowledgeable legal advocacy as we help you to determine how best to respond to charges with the goal of reducing penalties or avoiding conviction and protecting your reputation. You should give us a call as soon as possible when you are accused of destroying evidence to find out what your options are for fighting charges.
The crime of destroying evidence is defined in Nevada Revised Statute section 199.220. According to the relevant statute, the offense of destruction of evidence involves willfully destroying, erasing, altering, obliterating or concealing any type of paper, book, writing, record, instrument, or any other item.
This offense can be committed by any person with intent to conceal the commission of any felony offense or by any person with intent to conceal the identity of a person committing a felony offense. The offense can also be committed by any person who acts to prevent the production of evidence in court, before an officer, before a tribunal, before a judge, or before a magistrate.
The prosecutor must prove that the defendant acted in destroying items with intent to conceal a crime, conceal the identity of a perpetrator or prevent a tribunal, judge, or court from seeing evidence. This means the prosecutor must both show that the destruction took place and must also show that the destruction was motivated by an attempt to conceal a crime, conceal a perpetrators’ identity, or prevent a prosecutor from using evidence.
Under N.R.S. 199.220, any person who is convicted of the crime of destroying evidence will be convicted of a gross misdemeanor offense. For a gross misdemeanor, a defendant could face up to a year imprisonment as well as a fine and other potential penalties.
A Las Vegas defense attorney at LV Criminal Defense can provide representation to defendants who have been accused of breaking the law. We can help you if you have been charged with destroying evidence, if you are under investigation for the destruction of evidence, or if you have been accused of breaking any other laws within the state of Nevada. To find out more about how our legal team can fight for your rights when you are faced with serious charges, give us a call today.