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

Asked over 2 years ago - 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)

  1. Donald W. Aaron

    Contributor Level 8

    Answered . KRS ยง 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

  2. Barry Franklin Poulson

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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... more
  3. Edward Jacob Sternisha

    Pro

    Contributor Level 17

    Answered . 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... more

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