Orange County Criminal Defense Attorney
Stay Informed. Follow Developments on Our Criminal Defense Blog.

The Crime of Falsifying Evidence

You can probably imagine that it’s not wise to use fake evidence in a California criminal court proceedings. Planting evidence at a crime scene, providing video footage from a completely incorrect date, lying on a voice recording, giving the cops altered documents and such – may all seem harmless but in reality, these are all crimes.

Whether a defendant or witness offers or provides false evidence in an inquiry, a criminal investigation, or a criminal investigation, they’re obstructing justice and the practice is heavily frowned upon by California’s criminal justice system. Under sections 132 and 134 of the California Penal Code, it’s a felony to falsify evidence regardless if it’s as minor as a simple misdemeanor DUI or something far more serious like a murder investigation.

What Does the Law Say?

Section 132 PC states: “Every person who upon any trial, proceeding, inquiry, or investigation whatever, authorized or permitted by law, offers in evidence, as genuine or true, any book, paper, document, record, or other instrument in writing, knowing the same to have been forged or fraudulently altered or ante-dated, is guilty of a felony.”

For example, suppose a commercial truck driver is facing criminal charges after he crashed into a car, killing a family of four. As a part of the criminal investigation he’s asked to hand over his log book. But he violated the federal hours of service laws – he drove over the allowed driving hours without a break and ended up falling asleep at the wheel, taking the lives of all four family members in one crash.

The issue is, the truck driver falsified his log book. He knowingly and intentionally lied about the number of hours he had driven on the day of the crash. By falsifying his log book, he committed a felony under Sec. 132 PC. If he is found guilty, he can face up to three years in prison for falsifying evidence in his log book. So understandably, there are many ways that defendants can falsify evidence and end up facing felony charges.

Are you facing criminal charges under sections 132 or 134 PC? If so, contact our office to meet with an Orange County criminal defense lawyer for free.

Categories: