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Tampering with Evidence, Heroin and Drug Paraphernalia

The new most common felony arrests in Campbell and Kenton Counties are possession of controlled substance / heroin, possession of drug paraphernalia (actually a misdemeanor) and tampering with evidence.  The tampering with evidence is a new means by the police to attempt to take a drug paraphernalia case and make it into a felony, when the defendant has already used all of the heroin.  IF there is any residue heroin, then the charge of possession of controlled substance can make the felony. A skilled criminal defense attorney will advise the defendant of his rights to defend the case.  The prosecution will many times offer deferred prosecution or diversion on the felony in order to obtain a plea and avoid a trial.  The defendant may be faced with the difficult decision of entering into a deferred prosecution or diversion program, which may include admission of guilt, in order to obtain guaranteed probation and the opportunity to have the case ultimately dismissed and/or expunged.  The other option may be to take the case to trial and have the Commonwealth prove guilty beyond a reasonable doubt. KRS 524.100 defines 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. The police, and many prosecutors, believe that if you throw a needle or hide a joint that it constituted tampering with evidence.  The fault in that logic is that even though the evidence is being concealed, prior to arrest or questioning the evidence is not about to be produced or used in the official proceeding.  At that point, there ARE NO official proceedings. Unfortunately the police and some prosecutors have chosen this as a strong arm tactic to attempt to curb the problem with heroin.  While I personally agree that the heroin epidemic is a major concern and something needs to be done to stop the problem, I do not believe that violating the defendants rights by filing and bringing false charges is the answer. If you have been charged with heroin possession, possession of controlled substance, tampering withe evidence, drug paraphernalia or any other drug related crime in Northern Kentucky, contact for a consultation.  859-581-6453 (581-MIKE).  [mapsmarker marker="2"]  

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