Grand Prairie, TX asked in Criminal Law for Texas

Q: I am from Kilgore Texas and I have been charged with tampering with evidence And Possion.

Police video shows no evidence that I tampered with anything police are heard saying they saw me. Gregg county prosecutor is wanting to enhancey charges to 5yrs tdc and 15months state jail due to time spent in federal in Kentucky 30yrs ago and for 1yr state jail time served 12yrs ago. Is this legal

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1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: Cops add tampering charges in drug cases when they believe the suspect tried to drop, destroy, or otherwise hide the drugs to they wouldn't be found. You can read the exact text of the law in chapter 37 of the Penal Code here: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.37.htm#37.09

The rules for enhanced punishment based on prior convictions are in chapter 12 of the penal code, which you can read here: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.12.htm#12.42

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