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The practice of destroying or concealing evidence is an offense that should be taken very seriously. The state of California has very strict regulations relating to the offense of destroy and concealing evidence. Under the California Penal Code, Section 135 governs the procedure for those who have committed this offense. Under Penal Code Section 135, an individual is guilty of destroying or concealing evidence if they knowingly destroy any book, record, paper, or instrument that is in writing. Additionally, an individual is liable for destroying or concealing evidence if they make evidence unavailable that is about to be used in a trial, that is requested by law enforcement or that is needed in any pending criminal investigation.
In order to successfully prove that an individual is guilty of destroying or concealing evidence under Section 135 of the Penal Code, there has to be a four prong test that is satisfied. It has to be demonstrated that the destroying or concealment of the evidence happened because the individual knowingly or willingly destroyed or conceal any type or from of evidence that was designated to be produced at any trial, investigation or inquiry that was authorized by law.
Given that the above requirements only make you culpable if you knowingly or willingly destroyed the evidence, there is absolutely a possibility that you can demonstrate that you mistakenly destroyed the evidence, which would not satisfy the intent requirement of the four prong test associated with Section 135 of the Penal Code. Given the complexity of the arguments involved in this sort of legal matter, it is highly recommended that you consider retaining counsel to represent you in the process of fighting your charge with destroying or concealing evidence. The reason for this is that an attorney can help you to make the right arguments that will allow you to have the opportunity to potentially avoid having this sort of charge on your criminal record if you are truly innocent of the charges that you are being charged for.
Our firm prides itself on helping individuals who have been charged with destroying or concealing evidence who are not in fact guilty of these crimes. It is wise to reach out to our office in order to schedule a consultation with one of our associates in order to discuss the facts of your individual case and also to ascertain whether our firm is the proper fit to represent you in your upcoming legal matter. Once our associate makes the determination that your case has merit and is a good potential fit for our firm, we will invite you to sign our retainer agreement in which you agree to allow our firm to represent you. Upon signing this agreement, we agree to assist you throughout the process of your legal matter and to work towards the best possible result that is feasible for your case. Thus, do not hesitate to reach out to us today to schedule your consultation appointment. We would be elated to assist you in your upcoming legal matter.