California’s Planting and Tampering with Evidence Laws

Is Planting Evidence a Crime?

California’s Planting and Tampering with Evidence Laws

California law makes planting or tampering with evidence a crime. While it is typically prosecuted as a misdemeanor as one of many different obstruction of justice crimes, it can be a felony if it was committed by someone in law enforcement.

Note that criminal planting evidence requires that you knew what you were doing for you to be convicted. That means it is always a defense to a planting evidence charge to argue that you did not intend to have someone charged with a crime.

What Is Considered Criminal Planting Evidence?

To convict you of a charge of planting evidence, a California prosecutor must prove all of the following:

  • You willfully and intentionally planted or tampered with evidence;
  • You knew what you were doing was either tampering with or planting evidence; and,
  • You intended to either frame someone else for a crime or planned that the false evidence be presented as genuine during a trial or other legal proceeding.

These requirements mean that a conviction for tampering or planting evidence is challenging to achieve. The district attorney must show evidence that proves what you were thinking and that you were fully aware of what you were doing. Therefore, your defense attorney can argue that you did not intend to tamper with evidence because you were not planning for it to be introduced during a trial.

How Does California Define Evidence and Tampering?

What can count as evidence for the purposes of the planting evidence law is relatively broad. Essentially, all physical objects that could end up being used in a trial can be considered evidence. Additionally, digital data such as recordings, pictures, and videos are also covered.

Further, you can be charged with tampering or planting evidence to obscure any investigation or trial, not just criminal. So, this means you can face jail time if you tamper with evidence for an upcoming civil trial. This is especially applicable to lawsuits involving lots of data, such as spreadsheet records.

Additionally, tampering with or planting evidence can occur in a variety of ways. Doing any of the following could lead to you facing charges:

  • Creating or manufacturing evidence
  • Changing the evidence in any way
  • Moving the evidence
  • Hiding the evidence
  • Placing the evidence in a more easily found location

Essentially, if you know something may be used as evidence in an investigation or trial, you should leave it alone.

Penalties for Planting Evidence

As long as you are not a law enforcement official, planting or tampering with evidence is always charged as a misdemeanor in California. The maximum punishment if you are convicted of planting or tampering with evidence includes:

  • Six months spent in county jail; and,
  • A fine of up to $1,000.

Generally, a judge can also order you to serve summary probation instead of sending you to jail. If you carry out your probationary terms, you will not have to serve much, if any, time behind bars.

However, if you are a police officer or other law enforcement official and are convicted of planting evidence, you will face felony punishment. Because an officer planting evidence violates the public trust, it is punished more harshly. The most severe sentence is five years in state prison.

Are you under investigation for planting evidence in Fullerton, California, and looking for a skilled criminal defense attorney? Contact the team at Chambers Law Firm to find out how we can help. Set up a free first meeting today by calling 714-760-4088 or emailing dchambers@clfca.com.

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