Can I get a charge reduced from a felony?
Question Details:The police were at my home because my wife and I were arguing. They asked me a few questions about the argument. While doing so, they saw my wife's weed pipe on the coffee table but said nothing of it. When they went outside to talk to her I got rid of it. They came back in to tell me that they were taking her for disorderly conduct. Then they asked me where the pipe was. I showed them where I tossed it and they charged me with tampering with evidence. Can I plead to a lesser charge than tampering with evidence in order to avoid the felony?
I am a lawyer in CT and practice in this area of the law. The police may charge you with any crime that they want as long as they can articulate facts that support the elements of the cime. The state then obtains the record of your arrest and have what is called prosecutorial discretion to charge you with a crime that fits. If you hire a lawyer to represent you, you may be able to have the lawyer negotiate a deal with the state where it substitutes the charge of tampering with evidence to simply possession of drug paraphernalia. I have obtained plea bargains like this in the past and believe that it is a fair disposition. I suggest that you hire a lawyer immediately as the current charge exposes you to jail time.
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