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The Offense of Destroying or Concealing Evidence in California
The willful act of destroying or concealing evidence is a serious crime that should not be taken lightly. California has stringent rules related to this offense. The state’s Penal Code, Section 135, provides the guidelines that govern the procedure for those who have committed this offense. According to this section, individuals are guilty of destroying or concealing evidence if they knowingly destroy any book, record, paper, or instrument that is in writing or 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.
To prove a person guilty of destroying or concealing evidence under Section 135 of the Penal Code, four critical requirements must be met. The evidence must have been designated to be produced at a trial, investigation, or inquiry that was authorized by law. The action must have been willful or intentional. The individual must be aware that by engaging in such behavior, they are destroying or concealing evidence. Lastly, the destruction or concealment of the evidence should have led to the evidence being unavailable for use.
Notably, there is the possibility for defense when an individual mistakenly destroyed the evidence, which means that the intent requirement of the four prong test related to Section 135 of the Penal Code is not met. Given the complexity of the arguments involved in such legal matters, it is highly recommended that individuals retain an attorney to represent them. A knowledgeable lawyer can help make convincing arguments while presenting the circumstances of the situation or case, giving the individual an opportunity to potentially avoid a charge for destroying or concealing evidence or ending up with such charges on their criminal record, especially if they did not commit the crime.
At our firm, we take pride in representing individuals who have been accused of destroying or concealing evidence who may not have committed the crimes. It is advisable to schedule a consultation with one of our associates to discuss the details of your specific case and determine if we are the right fit to represent you. Suppose our associate deems that there is merit in your case and that our firm is a suitable representative. In that case, we will ask you to sign our retainer agreement, which permits us to represent you throughout the legal process and strive for the possible outcome for your case. Thus, do not hesitate to contact us today to schedule your consultation with one of our associates. We will be delighted to assist you with your case.
| An individual is guilty of destroying or concealing evidence if they: | Penal Code Section 135 |
| knowingly destroy any book, record, paper, or instrument that is in writing | |
| make evidence unavailable that is about to be used in a trial | |
| make evidence unavailable that is requested by law enforcement | |
| make evidence unavailable that is needed in any pending criminal investigation |
| To prove a person guilty of destroying or concealing evidence under Penal Code Section 135, four critical requirements must be met: |
| 1. The evidence must have been designated to be produced at a trial, investigation, or inquiry that was authorized by law. |
| 2. The action must have been willful or intentional. |
| 3. The individual must be aware that by engaging in such behavior, they are destroying or concealing evidence. |
| 4. The destruction or concealment of the evidence should have led to the evidence being unavailable for use. |
Very diligent, organized associates; got my case dismissed. Hard working attorneys who can put up with your anxiousness. I was accused of robbing a gemstone dealer. Definitely A law group that lays out all possible options and alternative routes. Recommended for sure.
- ROBIN, GUN CHARGES ROBIN
CALIFORNIA CRIMINAL DEFENSE ATTORNEYS