What is evidence destruction?

—Whoever secretes or destroys any 1[document or electronic record] which he may be lawfully compelled to produce as evidence in a Court of Justice, or in any proceeding lawfully held before a public servant, as such, or obliterates or renders illegible the whole or any part of such 1[document or electronic record] with …

What crime is destroying evidence?

Destroying or concealing evidence is a misdemeanor crime under California Penal Code 135 PC. “Destroying evidence” may conjure certain cinematic images, such as shredding documents, flushing drugs down the toilet, or burning tapes in a trash can.

What happens if you destroy evidence?

California Penal Code 135 PC makes it a crime willfully to destroy or hide evidence that you know to be relevant to a trial, police investigation, inquiry, or other legal proceeding. This offense is a misdemeanor punishable by a term of up to 6 months in county jail.

Is withholding evidence obstruction of justice?

Obstruction of justice is a criminal offense of interfering with the (1) administration or process of law, (2) withholding material information or giving false testimony, or (3) harming or intimidating a juror, witness, or officer of law.

What happens when a police officer lies?

When police lie under oath, innocent people can be convicted and jailed; hundreds of convictions have been set aside as a result of such police misconduct.

Is obstruction of justice a violent crime?

Obstruction of justice is a serious crime in California, one that may leave you facing serious criminal penalties if convicted. At The Justice Firm, we provide exceptional legal guidance and support to those who have been accused of any criminal offense.

What is police interference?

In California it is a misdemeanor (Penal Code sec. 148) to willfully “resist, delay or obstruct” any public officer or emergency medical technician in the performance of their duties. Thus the decision to make an arrest for “resistance or interference” is often a very subjective decision by an officer.

What happens if you interfere with an investigation?

The penalty with interfering with a witness in a criminal investigation is up to five years in prison. As with most obstruction of justice charges, the government has to prove a defendant acted with an intent to obstruct the course of a criminal investigation.

What is the most common form of obstruction of justice?

Witness Tampering One of the most common forms of federal obstruction of justice charges is tampering with a witness in a criminal investigation or prosecution. Witness tampering is a felony under 18 U.S.C. Section 1512, which also prohibits tampering with a victim or a government informant.

Why would a police officer make up evidence?

Police alter, suppress, or make up evidence for a variety of reasons. Some of the reasons could be to cover up a mistake or omission that they made during the initial investigation or to try to build a stronger case against a suspect that officers are convinced is guilty of a crime.

What are the consequences of police misconduct?

In any case, police misconduct with regard to evidence in a criminal case can result in wrongful convictions, and form a basis to overturn any convictions on appeal. As part of their job duties, law enforcement officials have the task of interrogating witnesses, eliciting confessions, and interviewing witnesses to crimes.

How can a criminal defense attorney distort a police officer’s evidence?

In such cases, having a criminal defense attorney will be crucial. Your attorney can try to discredit the officer using different methods, including: Any misbehavior by law enforcement officials or any evidence that negatively affects the police’s credibility can constitute sufficient reasonable doubt.

What happens if the police fail to preserve evidence?

That duty is enshrined in your constitutional protections including due process and the right to a fair trial. If a defendant can show that the police failed to preserve relevant evidence, they can ask the court to suppress the evidence or dismiss the case as a whole.