Destroying Or Concealing Evidence in California – Penal Code 135 PC
I do see people getting charged with this Penal Code 135 once in a while in Los Angeles County courts. I've been doing this for twenty-five years, and it usually has to do with destroying evidence that they knew could be used to prosecute them or somebody else for a crime.
Examples of such actions are not uncommon. For instance, if you were to see a pair of shoes on the news that are unmistakably linked to a robbery, and you, realizing the person is your son, decide to dispose of these shoes, you could potentially be charged with destroying or concealing evidence.
The severity of these charges should not be underestimated, and it's crucial to understand the potential consequences of such actions.
Financial Crimes
There are other examples of destroying or concealing evidence. Sometimes, people realize that they could be charged with a crime – some financial crime, commonly known as a white collar crime – so they destroy records, break their computer, smash their hard drive, or burn up documents that can be used to prosecute them.
If the government finds out about that and can prove it, they can charge you with destroying or concealing evidence. They could use Penal Code Section 135 and its elements. Obviously, the really crucial elements are that you willfully did it—in other words, you intentionally destroyed the evidence.
If you accidentally delete some text that might incriminate you and you can show that it was an accident, or you accidentally lose your phone, ala Tom Brady in the deflate-gate, that wouldn't necessarily be a violation of Penal Code Section 135 if you could show that it was accidentally.
But if you're doing it willfully and on purpose, you're destroying evidence in any way that would meet one of the elements of concealing or destroying evidence.
In some circumstances, you conceal evidence so the prosecutors can't find it. Either take it and hide it somewhere or give it to somebody else.
So, this Penal Code comes in handy for the prosecutors when they're trying to get people who don't want to be prosecuted, so they're trying to destroy evidence, so the prosecutors can't use it. Attorneys can get in trouble for this as well.
If they have evidence in their possession, they can't hide it, conceal it, destroy it, or help their client hide it, conceal it, or destroy it. Otherwise, the attorneys will also be in the Los Angeles court system facing destroying or concealing evidence.
Legal Defenses for Destroying Concealing Evidence
One defense I've already mentioned is that you accidentally got rid of the evidence, or it got deleted, destroyed, or burnt up. If you can mount an argument that passes the red phase test, obviously, and you can say listen, I accidentally lost my phone.
I had the evidence on there, but I don't have it anymore. Sometimes, I've had clients whose house burned down, and there was evidence in there that could have been used to prosecute them—that's not their fault; that's a defense if they can show they're not the one who caused the house to burn down and they're not responsible for the evidence being lost, concealed, or destroyed in some way. The key is creating reasonable doubt.
If you find yourself charged under Penal Code Section 135, it is crucial to seek the advice of a seasoned criminal defense attorney. With my extensive experience in this field, I can provide the guidance and support you need to navigate this complex legal situation.
You get in, and we talk about everything. You tell me the truth – and accurate information, and then I'll figure out how to best defend you – whether it's a case we're going to fight and take the jury trial, whether it's a case we're going just to convince the prosecutors that you didn't do anything wrong and get your version of events because sometimes a one-sided account is taken, or whether it's a case where we're going to get a lesser charge, or we're going to work out some diversionary program.
We will get a mitigation package together to try to help you. Regardless of the specifics of your case, having a dedicated and experienced lawyer by your side is crucial. With my extensive experience in criminal defense, I am committed to working tirelessly to achieve the best possible outcome for you and to guide you out of the criminal justice system as swiftly as possible.
