TAMPER/FABRICATE PHYS EVID W/INTENT TO IMPAIR
TAMPER/FABRICATE Physical Evidence with Intent to Impair in Texas: what bail is set at, how often a personal bond is granted, and what usually happens to the charge.
What “TAMPER/FABRICATE PHYS EVID W/INTENT TO IMPAIR” means
Texas Penal Code § 37.09 defines tampering with or fabricating physical evidence. In the tampering form, the State must prove that, knowing an investigation or official proceeding was pending or in progress, the defendant altered, destroyed, or concealed a record, document, or thing with intent to impair its verity, legibility, or availability as evidence in the investigation or proceeding; a parallel provision reaches one who, knowing an offense has been committed, alters, destroys, or conceals evidence to impair its availability in a later related investigation or proceeding. In the fabrication form, the State must prove the defendant made, presented, or used a record, document, or thing with knowledge of its falsity and with intent to affect the course or outcome of the investigation or proceeding. Under § 37.09(c), this charge is a third-degree felony because the item involved is something other than a human corpse.
| Charged as | Possible confinement | Fine | Source |
|---|---|---|---|
| Third-degree felony | 2 to 10 years in prison (TDCJ) | Fine up to $10,000 | Penal Code § 12.34 |
Ranges are the statutory maximums for the level; enhancements, prior convictions and plea agreements change what is actually imposed.
Bail for TAMPER/FABRICATE PHYS EVID W/INTENT TO IMPAIR in Texas
Across 49,057 Texas bail settings for this charge (145 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $7,000 (middle half: $3,000 – $15,000). 5% of defendants were released on a personal bond, and bail was denied in 2,545 cases. When this was the only charge at booking (3,850 records), the median was $8,000 and 13% got a personal bond.
| County | Records | Median cash bail | Middle half | Personal bond | Denied |
|---|---|---|---|---|---|
| Tarrant | 5,326 | $3,000 | $1,500 – $6,000 | 5% | 2% |
| Travis | 2,891 | $7,500 | $3,875 – $10,000 | 17% | 3% |
| Bexar | 1,888 | $5,000 | $3,000 – $10,000 | 5% | 7% |
| Dallas | 1,877 | $7,500 | $2,500 – $15,000 | 1% | 6% |
| El Paso | 1,747 | $5,000 | $1,500 – $10,000 | 7% | 17% |
Showing the 5 counties with the most records; use the selector for any county with at least 30. Per-charge bond settings on original magistrations, from Texas OCA bail reporting under SB 6. Bail is set case by case — these are statistics, not a prediction.
How real TAMPER/FABRICATE PHYS EVID W/INTENT TO IMPAIR cases ended
Individual cases from the public court record, with the disposition and sentence text exactly as the clerk entered it. Every case is decided on its own facts.
Ended without a conviction
Deferred adjudication
Ended in a conviction
Related charges
Charged with TAMPER/FABRICATE PHYS EVID W/INTENT TO IMPAIR?
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Find a Defense AttorneyBail data: Texas Office of Court Administration magistration reports (SB 6), Apr 2022 – Jun 2025. Court outcomes: county district and county clerk records. Statistics describe past cases and are not legal advice; every case is decided on its own facts.