Under California Penal Code 135, it is illegal to knowingly and willfully destroy or conceal evidence in an investigation, investigation, or trial to prevent the evidence from being used in the pursuit of a criminal or civil lawsuit. Any criminal charge is a serious matter. If you are not properly defended, you could expect a long sentence and conviction in your case. The law on the manipulation of evidence can be complex. An experienced criminal defense attorney can investigate claims made against you and determine which defense would be most effective in your case. Overall, evidence is anything that can support a legal claim or show that it is false. When someone manipulates evidence, it`s one or the other: manipulation is a very broad concept that seems to cover any action that hides a crime. But there are limits to what can be charged as a crime. For example, the fact that the defendant knowingly participated in an obvious crime, such as the sale of illicit drugs, does not prove that he knew that there could be an investigation into that crime or that the object he destroyed was evidence. So the fact that they threw away evidence does not necessarily mean that they destroyed evidence.

An accused is guilty of violating this law only if he has destroyed or concealed evidence. This is a defence to show that the object that the accused destroyed was not some kind of evidence. In Colorado? See our article on handling physical evidence (18-8-610 CRS). The theory of the conclusion of looting is that if a party destroys evidence, it may be reasonable to conclude that the party had “guilt” or other motivation to avoid evidence. Therefore, the investigator may conclude that the spoliator`s evidence would have been unfavourable. Some jurisdictions have recognized a looting lawsuit that allows the victim of the destruction of evidence to file a separate tort action against an enforcement agent. [8] A common scene in television crime dramas is a suspect being pursued by the police, and when they try to escape, the suspect swallows or throws away the evidence in their possession. This is a classic example of manipulation of evidence. The Criminal Code 135 prohibits you from destroying or hiding evidence that you know is relevant to a “person who, knowing that a book, paper, record, written instrument, digital image, video recording belonging to another person, or any other matter or thing, is about to be used as evidence in a court case, to be subjected to an investigation or inquiry that is authorized by law, destroys, deletes or conceals intentionally, with the intention of preventing its production or content, from being guilty of a crime. The ability to present evidence is an essential part of any court case, as it is the basis for a person to be convicted of a crime or win in a civil lawsuit.

If you are involved in any form of litigation, there is no doubt that you will do what is necessary to succeed, but if you destroy or hide evidence, you could be sued. The law seeks to prohibit this act because it seriously undermines the legal system and its ability to create justice. Under California law, it is illegal to intentionally destroy or hide these items if they are presented as evidence in a court case: If you have been accused of destroying or hiding evidence in California — either as a full-fledged crime or in connection with an underlying crime — it is imperative that you fight that charge. If you are found innocent of the underlying crime but are still found guilty of destroying evidence, you will still face fines and possibly jail time. This underscores the importance of fighting not only your “main invocation,” but also the accusations that now accompany them. 18 U.S.C. § 1519 prohibits the destruction, concealment, and falsification of evidence to interfere with federal criminal investigations, stating that the law is very specific about the act and intent that will constitute the crime of destroying or concealing evidence. It is important to have a lawyer who can explain the legal formalities to you to understand why you were arrested and how to proceed with your charges of destruction of evidence in San Diego. Manipulation of evidence can be charged with a misdemeanour or crime. The laws of your state and the nature of the alleged actions determine the amount of the penalty. For example, if the defendant starts throwing evidence down the toilet while the police walk through the door, higher sentences are likely. A conviction may include a combination of the following: Depending on the circumstances of the indictment and the nature of the evidence involved, your lawyer may argue that you did not know what you were dealing with with a document, record or legally sensitive element when you “destroyed” or “hidden” it.