Planting or tampering with evidence is illegal in California. A person can face criminal charges under CA Penal Code 141 if this individual is believed to have intentionally and willfully planted or tampered with evidence. If found guilty, this individual can receive jail time or a fine.
There can be times when a person in Los Angeles is charged with a DUI but can cite CA Penal Code 141 to dispute the allegation. In these instances, it can be beneficial to partner with an experienced Los Angeles DUI attorney. From here, the lawyer can provide a defendant with answers to common questions surrounding CA Penal Code 141.
What Does CA Penal Code 141 Mean Exactly?
CA Penal Code 141 states it is illegal to be altered, modified, planted, placed, concealed, manufactured, or moved with the intent of causing someone to be charged with a crime. It is a serious offense that can result in a jail sentence of six months or a fine of $1,000. If a police officer is found guilty under CA Penal Code 141, this individual can face up to 364 days in a county jail or five years in a California state prison.
A Los Angeles DUI attorney may utilize CA Penal Code 141 as part of a legal strategy. For example, a DUI attorney in Los Angeles may claim evidence was planted or tampered with by a police officer. If the attorney can present a strong argument to support this claim, the lawyer can help the defendant get their DUI charge dismissed.
It is beneficial to partner with a DUI lawyer in Los Angeles who understands California’s Penal Codes. This lawyer can review a defendant’s DUI charge in relation to these codes. Next, the attorney can determine if one or more California Penal Codes can be used to contest a DUI charge.
What Is Evidence?
California’s Evidence Code defines the criteria for evidence that can be presented in a state court. According to the code, the evidence must be relevant to the case. In addition, the party producing evidence in a case must show some proof that it is reliable.
In California, evidence is relevant if it can disprove a fact that is disputed and matters to the outcome of a case. Comparatively, determining if the evidence is reliable is more difficult. This is due to the fact that reliability is based on the type of evidence that is presented and other factors.
Evidence in a Los Angeles DUI case can include video footage, audio recording, or a blood alcohol concentration (BAC) test. The prosecutor in a DUI case in Los Angeles must provide a burden of proof. Meanwhile, a DUI attorney in Los Angeles can present evidence to indicate CA Penal Code 141 may have been violated in the hopes of proving the defendant’s innocence.
What Criminal Offenses Are Related to CA Penal Code 141?
A person may be charged under CA Penal Code 141 and related criminal offenses, such as:
Conspiracy to Plant or Tamper with Evidence
Two or more people can work together to plant or tamper with evidence. In this instance, anyone involved can be charged with criminal conspiracy. Those found guilty of a criminal conspiracy to plant or tamper with evidence can receive up to three years in prison.
Providing False Evidence
Offering false evidence is an obstruction of justice crime. It is also classified as a felony. People charged with providing false evidence can get a prison sentence of up to three years.
Preparing False Evidence
Evidence can be prepared with the intent to use it against someone in a legal proceeding. Even if the evidence is never used, a person can still face a criminal charge for preparing it. The prison sentence that comes with a conviction for preparing false evidence can last up to three years.
Evidence can be destroyed in the hopes that it cannot be used in a legal proceeding. If a person intentionally destroys evidence, a person can receive a jail sentence of up to six months or a fine of up to $1,000. In some instances, those found guilty of destroying evidence receive both a jail sentence and a fine.
It is common for people charged with planting or tampering with evidence to face a perjury charge at the same time. To be found guilty of perjury, it must be proven that an individual intentionally and willfully lied while testifying under oath. A perjury charge can result in a sentence of up to four years in jail.
For those who have evidence planted on them or tampered with in a Los Angeles DUI case, seek legal help. Reach out to a Los Angeles DUI lawyer to get up to speed on CA Penal Code 141 and related criminal offenses. Then, the lawyer can help a defendant explore ways to prove that evidence was planted or tampered with in their DUI case.
How Can I Prove that Evidence Was Planted or Tampered with in a DUI Case?
Hiring a DUI attorney in Los Angeles is crucial for those who believe the evidence was planted or tampered with in their case. The lawyer can take a look at a defendant’s case and the evidence associated with it. This attorney can help a defendant figure out the best way to dispute the prosecutor’s evidence.
The best Los Angeles DUI attorney allocates time, energy, and resources to review evidence. This lawyer can raise concerns or doubts about any evidence that may have been planted or tampered with in a DUI case. In doing so, the attorney can boost a defendant’s chances of getting their DUI charge dropped.
If you want to hire a DUI attorney in Los Angeles who knows the ins and outs of CA Penal Code 141, we can assist. We make it easy to connect with a DUI lawyer who can help you navigate the legal system with precision and care. To find out more, please contact us today.