Your destruction or attempt to dispose of the evidence of a crime can be used to prove your possession, knowledge and criminal intent.
In criminal prosecutions in the US, possession may be proved by establishing either actual, attempted, constructive, or joint constructive possession. The key is whether you had the ability to exercise 'dominion and control' of the item, not whether it was actually on you. Throwing the evidence away only increases the proofs that the prosecution can introduce against you - e.g., you have the item, you see the cops, you do not immediately (yeah I know this sounds stupid but I did not write the law in NJ) turn the item over to the cops but instead throw it away (or drop it, or leave it where you put it) - therefore the prosecution will argue, you have 'guilty knowledge' because you tried to destroy the evidence, and they will try to use that to increase the likelihood of conviction.
SPECIALIZING IN CRIMINAL DEFENSE THROUGHOUT NEW JERSEY
Howard W. Bailey, Esq.
550 Broad Street, Suite 601
Newark, NJ 07102
973-982-1200 #criminaldefense #evidence #destroy