Evidence Tampering and Destruction

Criminal defendants and those involved in a crime often feel helpless and desperate when the cards are stacked against them. Sometimes these feelings lead to the destruction or tampering with evidence. Under California law, “evidence” means not only physical objects that may be used in a legal proceeding, but also digital files and recordings that are relevant in determining the outcome of the case. Evidence tampering is considered a serious crime in California, because the justice system relies heavily on physical evidence. Planting or tampering with evidence can be prosecuted under California Penal Code 141. In order for the prosecution to secure a conviction under PC 141, she must prove beyond a reasonable doubt that:

The defendant intentionally planted or tampered with evidence
The defendant knew he or she planted or tampered with evidence
The defendant did so with either the intent to implicate someone in a crime, or that the evidence would be falsely interpreted as true in a legal proceeding.

The second part of the third prong means that a defendant may be convicted of evidence tampering regardless of motive. As long as the defendant tampers with the evidence for the purpose of presenting it as true in a legal proceeding, the third element will be met. Activities like hiding, moving, and manufacturing evidence all fall under this violation. Penal Code 141 is typically filed as a misdemeanor, and is punishable by up to six months in jail and/or a fine of up to $1,000.

Defenses (Common Defenses to Crimes)

Mistake
Because the prosecutor has to prove beyond a reasonable doubt that the defendant acted with intent (willfully or knowingly), mistake of fact can be a powerful defense to an allegation of evidence planting or tampering. A good defense attorney will show that the mistake was reasonable, and that the mistake directly negates the requisite mental state for a PC 141 conviction. In addition, because the second prong of the third element requires that the defendant intended the evidence to falsely be interpreted as true in a legal proceeding, a good defense attorney will argue the defendant did not intend for the evidence to be used in a legal proceeding at all.

False Accusations
False accusations are actually common in this PC 141 charges. A good defense attorney will explore the additional evidence available that might uncover motive for someone to falsely accuse the defendant of planting or tampering with evidence.  In evidence tampering or destruction cases, a police officer may falsify their statement in order to cover up for a lack of evidence (e.g. "I saw him dump out the bag containing only residue").

Similar Offenses

There are several related offenses. It is common for a prosecutor to charge the defendant with several related offenses, and then negotiate with the defense attorney to drop some of the charges depending on the strength of the evidence. The similar, related offenses are subject to the same defenses as PC 141.

PC 132: Offering false evidence
Under Penal Code 132, it is against the law to present fake, forged, or incorrectly dated written evidence in any kind of legal trial or proceeding. However, unlike PC 141, PC 132 is a felony – punishable by up to three years in prison.

PC 134: Preparing false evidence
Under PC 134, preparing false evidence with the intent to present it in a legal proceeding is against the law, regardless of whether or not the evidence is actually presented in any legal proceeding. This violation is also a felony, punishable up to three years in prison.

PC 135: Destroying evidence
Under PC 135, intentionally destroying or hiding evidence that the defendant knows will be used in a legal proceeding is a misdemeanor. This crime is punishable by up to six months in jail and/or up to $1,000 in fines.

PC 118: Perjury
Under PC 188, perjury is a felony. Perjury occurs when a witness or defendant willfully testifies falsely under oath. Perjury is often charged with one of the above crimes, as planting, tampering, offering, and preparing false evidence often coincide with perjury. Perjury is punishable by up to four years in jail.

IF YOU OR A LOVED ONE HAS BEEN ARRESTED OR CHARGED WITH A CRIME, CONTACT THE LAW OFFICES OF NICHOLAS LONCAR NOW FOR A FREE CONSULTATION WITH A LOS ANGELES CRIMINAL DEFENSE LAWYER.
213-375-3775

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