CALIFORNIA CRIMINAL LAWYERS

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Los Angeles Evidence Planting or Tampering: The Consequences and the Defenses

Evidence planting or tampering is a severe offense that can have detrimental consequences. Any individual who intentionally, willfully, and knowingly alters, moves, conceals, places, or modifies evidence with an intent to produce the issue in question in a court of law, trial, or inquiry can be prosecuted under the provisions of law and penal code. The offense is defined as tampering or planting evidence with an intent to charge another party or produce evidence wrongly as genuine. In Los Angeles, evidence planting or tampering can lead to either misdemeanor or felony charges. Our experienced Los Angeles criminal defense lawyers offer legal services to guide and assist you in this ordeal.

Proving Evidence Tampering

To charge an individual with evidence tampering, the prosecutor must provide evidence proving the following elements. Firstly, the defendant should have acted intentionally, knowingly, and willfully. Secondly, the defendant should have been aware that he or she was concealing, moving, or placing evidence. Thirdly, the defendant should have planted the evidence with the intention of using it as genuine in court proceedings or incriminating another individual. In Los Angeles, if the defendant is a peace officer, he or she can also face charges.

Who Can Face Charges of Evidence Tampering?

Anyone who intentionally and willfully plants or tampers with evidence with an intent to convict another person or give false evidence in court proceedings, and trial can face charges of evidence tampering. Peace officers, too, can face charges of evidence tampering.

Possible Legal Defenses

If accused of evidence tampering or planting, it is advisable to seek the services of an experienced Los Angeles criminal defense lawyer. Our legal team will diligently investigate the matter and provide you with the following legal defenses:

1. Mistake of Fact

If you acted without the intend to tamper with evidence, you cannot be charged with evidence tampering. Rather, you acted mistakenly, which is an acceptable defense.

2. False Accusations

If you were wrongly accused, our attorneys will analyze the case to understand the cause of the accusations. Without factual support for the accusations, the prosecutor cannot charge you with evidence tampering or planting.

Penalties

In Los Angeles, the penalty for evidence tampering varies depending on whether the defendant faces misdemeanor or felony charges. If charged with a misdemeanor, the defendant faces a maximum jail term of 6 months and/or a fine not exceeding $1,000. If convicted of a felony, and the defendant is a peace officer, the penalty is incarceration for a term not exceeding five years and/or prohibition of serving as a law enforcement officer again.

Conclusion

In conclusion, evidence planting or tampering is a grave illegal offense that can harm the defendant’s reputation. In most instances, the defendant is a victim of false accusation or acting innocently. It is vital to engage the services of an experienced Los Angeles criminal defense attorney immediately if you are accused of evidence tampering. Our attorneys at our law firm will guide and assist you throughout the legal process.