Reasons Why Destroying The Evidence Is A Bad Idea

By Author: Chadi Irani
Total Articles: 70
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Are you on trial for your freedom? Police arrested you and are holding you without bail, and they say you’re charged with multiple crimes? Do you think that the police have found evidence that can put you away for years or even decades behind bars? If so, then you might be tempted to destroy the evidence in an attempt to save yourself from losing your freedom, but don’t do it. Here are a few reasons why destroying the evidence is a bad idea, as suggested by criminal defence lawyers.

If You Have Destroyed Evidence,

You Can Still Be Prosecuted

The fact that you may have tapped your phone or computer in order to destroy potential evidence does not prevent you from being prosecuted. You can still be charged with destruction of evidence. In fact, if you have already destroyed evidence, you may be more likely to face criminal charges than if there were no destruction of evidence because prosecutors are often eager to prove that defendants are guilty even when they have sufficient proof to prosecute them for their crime(s).

Your Assets Could Be Seized

It’s not just your house and car that ...
... will be seized if you’re found guilty of destroying evidence, but also any additional assets you may have including your bank accounts, investment portfolios and investments. If they are willing to come after your money, what is stopping them from coming after more of it? This means when it comes to handling evidence, there are no do-overs.

State’s Witness Could Go against You

If you destroy evidence before you are discovered, it could be used against you in court. It's always possible that someone knew about your crime and didn't say anything. That person could make up their mind to go tell on you after they see what happens to you. If so, it would be very helpful if there was evidence to prove what happened.

Its’ Easy To Convict You

When you're arrested, police can search your possessions and property. If they find something that indicates you've committed a crime, they can use it as evidence to try to convict you. They don't need to wait until after you're convicted in order to seize your assets. They also don't need proof of wrongdoing beyond a reasonable doubt in order to confiscate your stuff. In fact, they may not even need probable cause for an arrest or search warrant before taking action against you.

Can result in Prosecution

If you know that evidence exists of your wrongdoing and you destroy it, law enforcement can still prosecute. If there’s no way to retrieve that video, law enforcement may not be able to do anything, but if you destroyed it after knowing its contents might prove wrongdoing, you could potentially face prosecution.

As you see, destroying the evidence is a bad idea. The criminal law in Sydney is complex and strict. If you’ve been wrongfully convicted or committed a crime, your best bet could be seeking the legal assistance of criminal solicitors.