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Is it tampering with evidence for throwing a joint roach in the toilet

Newport, KY |

I was caught by probation smoking and had the roach in my hand as we walked by bathroom it was burning me i threw in toilet and immediately let my probation officer know i threw it in. Later another cop was called in who was not present at the time wrote me a citation for tampering with evidence, even my probation officer was shocked. Roach was recovered from toilet I never tried to hide it or the fact i threw it in the toilet

Attorney Answers 3


Certainly no crime here, beyond possession or use. But, you are charged anyway, so you need to contact a criminal law attorney. Ideally, this will end up being handled only by your PO.

If you are not already in treatment, you should beging attending NA and find a therapist or counselor to help you with your severe drug problem.

We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I accept a retainer, and we explictly agree to enter into representation.

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I am in a IOP treatment program waiting to see what happens i was bound to grand jury on this just staying clean hoping for the best

Barry Franklin Poulson

Barry Franklin Poulson


Best of luck to you. It wouldn't hurt to consult an attorney.


The police will say that you changed the condition of the evidence but if it is evidence, its form hasn't been changed in a way that would cause it to be different once it dries so I say no.

The comments listed here do not create an attorney-client relationship. The comments are for informational purposes only and are not to be considered legal advice. This attorney is only licensed in Michigan and does not give legal advice in any other state. All comments are to be considered conversational information and you should not rely on these comments as legal advice or in place of retaining an attorney of our own. The comments here are based solely on what you have provided and therefore are general in nature and with more specific facts or details a different answer or outcome could result. The legal system is not a perfect science and this attorney does not guarantee any outcome.

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KRS § 524.100. Tampering with physical evidence

(1) A person is guilty of tampering with physical evidence when, believing that an official proceeding is pending or may be instituted, he:

(a) Destroys, mutilates, conceals, removes or alters physical evidence which he believes is about to be produced or used in the official proceeding with intent to impair its verity or availability in the official proceeding; or

(b) Fabricates any physical evidence with intent that it be introduced in the official proceeding or offers any physical evidence, knowing it to be fabricated or altered.

(2) Tampering with physical evidence is a Class D felony.

History. Effective: January 1, 1975

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ok so its based off intent and obviosley if i immediately told me Probation Officer I put it in there after I did it that should show the intent was not to get rid of it and also marajuana would not be altered by water and it was in my hand the whole time so it was never moved.

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