Planting Or Tampering With Evidence – California Penal Code Section 141
When it comes to the defense of somebody who is charged with tampering with evidence, you’re usually going to see a situation — assuming it’s not the police who are being charged with planting or tampering with evidence — where somebody who is a family member of another person decides that they’re going to start moving a crime scene around in order to help their loved one, so maybe they take a weapon or they do something else to help the defendant in the case, and then the police find out about it, then they can get you for tampering with evidence.
The same holds true that if you were — after a crime has occurred — to move something around or add something to the crime scene like a weapon or something else, then you could be charged with planting evidence.
We usually don’t see a lot of these cases filed because it’s very difficult to prove. In other words, they actually need an eyewitness or some other evidence that shows that you planted or tampered with evidence and violated Penal Code Section 141 in Los Angeles. Without the evidence, there’s no way the prosecutors can prove tampering or planting evidence. But there are circumstances where I’ve seen it — and I’ve been doing this for twenty-five years — where someone again is messing around with a crime scene and somehow — because of fingerprints or DNA or a witness — the prosecutors and police are able to figure this out, they will then prosecute that person because they don’t want anybody tampering around with evidence of a crime.
These terms are used kind of in conjunction with accessory after the fact – like if you help somebody in any way and you’re tampering with evidence or you’re putting evidence in that shouldn’t be there, then you too could be complicit in the crime and be charged with planting or tampering with evidence. You could be charged with accessory after the fact. You could even be charged with conspiracy if you know about the whole crime and you were in on it from the beginning.
So, if you’re charged with this serious crime of planting evidence, you’re going to need to get an attorney immediately. If you’re a law enforcement officer and you’re charged with this, you should seek consultation as fast as possible, because once you start messing around with the fabric of our criminal justice system by planting evidence or tampering with any evidence, this is where the prosecutors and police become very angry and judges also become angry when they sentence people who tamper with evidence.
So, you’re going to want to get an attorney. Go in and tell them all the facts about what happened. I get you in and we talk about everything and it’s protected by the attorney/client privilege, so you can feel free to speak honestly and we can really get to the bottom of what’s going on, because sometimes the police don’t have the full story about this planting or tampering with evidence and they only have part of the story and you going to try to talk to the police yourself to clear things up is usually not a good idea. Number one, you might partially be admitting to a crime by doing that, and number two, sometimes your words can get twisted and taken out of context and put you in a bad position where you’re unable to get yourself out of it and the police are claiming that you said something that you really didn’t say.
Unless there’s audio or videotape of your statement to the police, you’ve really done a disservice to yourself. ‘whether it a planting or tampering with evidence pursuant to Penal Code Section 141 or any other crime in Los Angeles. I typically see the most valuable evidence for the prosecutors and the most difficult evidence to get around for the defense is when somebody talks to the police, and they either have an audio of it, a video of it, or you’ve got the police claiming that you said certain things. That is the best evidence and that’s the evidence juries will hang their hat on. Sometimes we can use that in a defense case as well, but most of the time it’s someone foolishly trying to talk their way out of a crime that ends up being the quicksand that sinks them.
So, give me a call. We’ll sit down and talk about your case. If you have a defense to this planting or tampering of evidence, we’re going to talk about. We’re going to flush it out. We are going to investigate it and we’re going to do everything we can to get you out of the criminal justice system as fast as possible.
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