Can these tampering with evidence charges be dropped?

Asked almost 2 years ago - U S A F Academy, CO

I was under investigation for fraternizing with a commissioned officer because a third party completely falsified official statements to deceive investigators and make it seem as if we had a unprofessional relationship. She had absolutely no evidence of this allegation when she made the statements, but had heard rumors around the squadron. The investigators then used this and only this statement to obtain a search warrant to search and seize my phone. My phone subsequently did not have anything on it and they therefore charged me with tampering with evidence. Can that charge be thrown out if that individual admits that she fabricated the evidence?

Attorney answers (3)

  1. Christopher Daniel Leroi

    Contributor Level 20

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    Answered . You are with the AF Academy and facing very serious charges that could impact your career. You need to consult with an local attorney either on base or in Colorado Springs. Yes, the charges can be thrown out "possibly". However,you stand a much better chance with the representation of an attorney.

    The information provided in this answer does not create an attorney-client relationship. If you are interested in... more
  2. Stephen Clark Harkess

    Contributor Level 20

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    Answered . It is possible that the charges can be dismissed, but it is not certain. It may be necessary to take the case to trial in order to resolve them. Even when a complaining witness recants, the prosecution can sometimes proceed and attempt to convince a jury to believe the witnesses prior statements rather than her recantation. This makes for a much harder case for the prosecution to win, but in some cases it is possible. It is important for you to have a good attorney to defend you.

    You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney... more
  3. Ross Carl Goodman

    Pro

    Contributor Level 14

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    Answered . You first want to review the affidavit of the search warrant to determine if there were sufficient facts supporting the warrant. Second, unless a witness has evidence from you on their phone/computer supporting the initial investigation and corresponding evidence that you knowingly deleted the information off of your phone after being placed on notice of the investigation, it appears that the government cannot prove a prima facie case of tampering. However, I represented many servicemembers as a JAG in the Marine Corps, and echo the previous responses, that you need to retain a lawyer familiar with military law and follow their advice.

    The information presented here is for informational purposes only and does not constitute legal advice. The... more

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