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Any person who willfully, intentionally and knowingly modifies, plants, alters, places, conceals or moves any physical matter, with an intent that the issue in question will be produced in a court of law proceedings, trial or inquiry is guilty of a misdemeanor and or felony. Such a person will be prosecuted under the provisions of law and penal code. The offense under the penal code is defined as tampering or planting evidence with an intention that another party will be charged or that evidence is produced wrongly as genuine.
Proving that the Accused has Tampered with Evidence
For a person to be pronounced guilty of evidence planting or tampering, the prosecutor must prove the following elements and or facts. The action of the defendant was intentional and wilfully done, the defendant knew that at that he was placing, hiding or moving evidence and that he planted evidence with an intention that it will be used as genuine in court proceedings or to incriminate another person.
If the defendant is a peace officer; anyone who meets all the provisions of a peace officer as prescribed by law- he can also be charged in a court.
Who can be Accused of Evidence Tampering?
Any person who intentionally and or willfully planted or tampered with the evidence with an intent that it will be used to convict another party or that it will be produced as genuine in the court proceedings, and trial can be charged with this offense. A peace officer too can be accused of this offense.
Once law firm can help you once you are accused of tampering with evidence. Our lawyers will look into your case and advise accordingly; the following are some of the defenses that they will prove in Court of Law to ensure you are exonerated of the charges.
1. Mistake of fact
If you act devoid of requisite intent, as above stated, rather you act mistakenly, you cannot then be accused of evidence planting and tampering
2. False accusations
You could not be charged with the offense if you were wrongly accused. In such a case, our attorneys will investigate the matter to know the cause of the accusation. Without real facts to support the case, the prosecutor cannot succeed in charging you.
In the event of a misdemeanor, the penalty will be a maximum jail term of 6 months, and or a fine not exceeding $1,000.
If found guilty of a felony, and where you are a police officer, the penalty is incarceration for a term not exceeding five years, and or prohibition from serving as a law-enforcement officer again.
Tampering or planting evidence is a serious offense punishable by law. The case can damage the reputation of the accused party. In most scenarios the defendant is a victim of false accusations, and or the act in question was innocent. Because of the gravity of the case, it is crucial that you speak with an experienced Los Angeles criminal defense lawyer immediately.