Destroying or hiding evidence is a misdemeanor offense
If you are involved in a legal proceeding, you may be tempted to get rid of evidence related to that case. For example, if you have been accused of committing fraud, you may be tempted to delete your emails or even wipe your hard drive so that there is no chance of the evidence being discovered. However, if you do this, you may be charged with a crime for destroying or hiding evidence.
As a criminal lawyer Orange County, CA, it is a California crime for a person to destroy or hide evidence. To prove the crime, a prosecutor must prove three elements:
- That you acted willfully and knowingly,
- That you destroyed or concealed any evidence, and
- That you did so during a legal proceeding.
In other words, you must have acted purposefully or with the intention of destroying evidence, or with the knowledge that the object that you destroyed or hid would be used as evidence in a legal proceeding. For example, if you were involved in a car accident and had a camera in your car that showed that you were at fault, you could be charged with a crime if you destroyed the camera and/or video because you knew that this evidence would be introduced during a trial about the car accident.
Under this statute, a legal proceeding includes a trial, an inquiry and an investigation. If there is not a legal proceeding pending, then you cannot be found guilty of destroying evidence. For example, if you decide to throw out old cans of spray paint in your garage, and several months later, an investigation opens up into someone using spray paint to deface public property, you cannot be charged with destroying evidence. In addition, if you did not know that the spray paint had been used to commit a crime — such as if your teenager used it without your knowledge — then you did not commit the crime of destroying evidence.
Destroying evidence is a misdemeanor crime. If you are convicted of this offense or plead guilty to it, then you may be sentenced to a jail sentence of up to 6 months, and a fine of up to $1,000.
A skilled criminal lawyer Orange County, CA can defend you against a charge of destroying evidence in several ways. The specific defense used will depend on the facts of the case. First, if you did not act willfully or knowingly, then you cannot be charged with destroying evidence. For example, if you decide to throw out a box of old documents without realizing that some of these documents may be relevant to an ongoing trial, you did not act willfully or knowingly.
Second, if the object that was destroyed or hidden was not evidence, then you cannot be charged with this crime. Third, if there was no legal proceeding, then the charge of destroying evidence cannot stand.
The goal of the destroying evidence law is to prevent obstruction of justice. Unfortunately, the charge may be used in situations where a person had no intention of obstructing justice. In those situations, a seasoned criminal lawyer Orange County, CA can help defend you against the charge.
At the Chambers Law Firm, we represent individuals in Orange County and the surrounding areas who have been charged with a range of crimes. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
