Penal Code § 37.09(c) · Third-degree felony

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.

$7,000
Median cash bail
5%
Released on personal bond
49,057
Bail records

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 asShare of bail recordsPossible confinementFineSource
Third-degree felony100% 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.

CountyRecordsMedian cash bailMiddle halfPersonal bondDenied
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.

Recent TAMPER/FABRICATE PHYS EVID W/INTENT TO IMPAIR cases

CaseCountyFiledDisposedOutcome
196667001010HarrisJun 2, 2026Aug 28, 2026Dismissed by the prosecutor
197037901010HarrisJun 29, 2026Aug 28, 2026Dismissed by the prosecutor
196579101010HarrisMay 26, 2026Aug 28, 2026Dismissed by the prosecutor
196599801010HarrisMay 28, 2026Aug 28, 2026Dismissed by the prosecutor
197598801010HarrisAug 10, 2026Aug 28, 2026Dismissed by the prosecutor
196791801010HarrisJun 11, 2026Aug 28, 2026Dismissed by the prosecutor
196152301010HarrisApr 26, 2026Aug 28, 2026Dismissed by the prosecutor
196895901010HarrisJun 18, 2026Aug 28, 2026Dismissed by the prosecutor
196854201010HarrisJun 15, 2026Aug 28, 2026Dismissed by the prosecutor
196760001010HarrisJun 9, 2026Aug 28, 2026Dismissed by the prosecutor

Related charges

Charged with TAMPER/FABRICATE PHYS EVID W/INTENT TO IMPAIR?

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Bail 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.