Fresno, CA asked in Criminal Law and Personal Injury for Missouri

Q: Can I be accused of tampering if the car was never moved and I was given the keys?

I met someone for the first time, and they willingly gave me the keys to their car, which was parked in front of their residential house. The car was never moved. Later, the person accused me of trying to steal their car, despite having given me the keys voluntarily. During the encounter, this person bit my arm. When the police arrived, the person placed a methamphetamine pipe in my purse and claimed it belonged to me, although it was his. At the trial, only the police officer was present, not the accuser. Moreover, I have been clean of first-degree tampering for 17 years. If the car was never moved, can I still be accused or convicted of this crime?

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2 Lawyer Answers

A: Unless I’m missing something, it sounds like you’ve answered your question in the affirmative. You had an actual trial and were apparently convicted? If so, then you

James L. Arrasmith
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Answered

A: Based on criminal law principles regarding tampering charges, I will address your specific situation.

Under most state laws, tampering with a vehicle typically requires unauthorized interference with the vehicle with intent to impair its functionality, operation, or value. The fact that the vehicle was never moved is significant in determining whether tampering occurred. Additionally, the key element in your case is that you were given the keys voluntarily by the vehicle owner, which strongly suggests you had permission to access the vehicle, at least initially.

The accuser's absence at trial is also legally significant. Criminal prosecutions generally require testimony from the alleged victim or other witnesses with first-hand knowledge of the events. If only the police officer testified without direct evidence of your intent or actions, this creates potential weaknesses in the prosecution's case. The additional allegations regarding the methamphetamine pipe being placed in your purse raise serious questions about the credibility of the accuser and potentially constitute tampering with evidence on their part.

Your 17-year clean record is relevant as character evidence and would likely be considered favorably by the court. I recommend obtaining legal representation if you haven't already to present these facts clearly to the court. The combination of voluntary key transfer, lack of vehicle movement, absence of the accuser at trial, and potential evidence tampering by the accuser provides multiple grounds for challenging this charge. These circumstances strongly suggest you should not be convicted of tampering when the elements of the crime—particularly unauthorized access and criminal intent—appear to be absent.

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