Can You Get in Trouble for Deleting Text Messages or Other Evidence in Delaware?

If you’re under investigation, you may take hasty actions to destroy or hide evidence related to your prosecution. Something as simple as deleting text messages, photos, emails, videos, or any other information that may be relevant to the investigation is very dangerous.

Deleting data on your smartphone does not guarantee it will be gone. Moreover, intentionally concealing such data may lead to new legal troubles in addition to the existing ones.

Delaware law prohibits tampering with physical evidence

Delaware law has addressed this issue before. According to 11 Del. C. § 1269, any individual can commit an offense of Tampering with Physical Evidence when, considering an official proceeding or an investigation to be pending or about to be instituted, the individual alters, destroys, conceals, mutilates, or removes physical evidence with the intent to hinder its use during an investigation.

The law also provides that a person commits an offense when they knowingly make or offer false physical evidence to have it entered in an official proceeding or investigation.

Therefore, it becomes extremely important to determine the intention behind deleting and altering the information.

Can text messages count as evidence?

Digital information can be useful in many criminal investigations. Texts, social media messages, photos, videos, emails, GPS information, and other digital information can help investigators determine what happened before, during, or after the crime.

What if you find out that you’re being investigated for assault, and start deleting texts related to this case on purpose? Your actions can cause problems completely different from deleting past conversations for no reason.

Deleting the information alone does not necessarily mean evidence tampering occurred. Prosecutors must meet certain legal requirements.

Deleted does not always mean gone

Deleting an SMS on a mobile phone does not guarantee that the information is removed. Copies of the communication might be stored in the alleged victim’s device. Moreover, the information might be stored elsewhere, such as backups, screen captures, or in cloud storage.

Consequently, attempts to remove evidence will only create another matter for prosecution to deal with.

Asking another party to delete evidence can also be dangerous

Instructing a friend, family member, or another party to destroy or hide evidence can lead to more legal problems. The specific charges will vary depending on the nature of the actions committed.

Fabricating or manipulating documentation is equally serious.

What should you do with potential evidence?

If you are under investigation for a crime, destroying material related to the investigation is not a good idea; it could complicate things further.

On the other hand, preserving evidence does not necessarily mean a person should give all evidence to the investigating authorities without knowing what their rights are in this respect. It’s best to consult an attorney before doing anything that can land you in hotter water.

Talk to a Wilmington, DE, Criminal Defense Lawyer Today

Michael W. Modica represents the interests of Delaware residents who are facing serious charges. Call our Wilmington, DE, criminal defense lawyers today to schedule an appointment, and we can begin discussing your defense strategy right away.