Los Angeles Destruction of Evidence Defense Lawyers

Charged With Destroying Evidence in Los Angeles?

According to California Penal Code 135 PC, it is a misdemeanor to destroy or conceal evidence. Examples of why evidence might be destroyed or concealed include obstructing justice or preventing it from being used in a legal process (including a criminal investigation or prosecution). This can be done by burning, mutilating, or disposing of evidence in an unreasonable manner. The destruction of evidence is a serious crime that can lead to severe penalties.

If you or someone you know has been accused of destroying evidence, consult with an experienced Los Angeles defense lawyer at Werksman Jackson & Quinn LLP. Our firm has earned a strong national reputation by successfully representing defendants in several high-profile criminal cases. We're AV Rated by Martindale-Hubbell, the highest rating regarding ethical standards and legal ability. Super Lawyers also gives our firm high marks based on peer reviews and independent research.

Our offices are conveniently located in downtown Los Angeles, near Grand Central Market and Little Tokyo. Call (213) 688-0460 to schedule a case review today.

Types of Evidence that May Be Legally Destroyed

The destruction of evidence is only permissible under specific conditions. Lawful destruction can occur when the evidence is deemed irrelevant. Evidence can also be lawfully destroyed if a court order authorizes it, typically after the conclusion of a case or once the evidence is no longer pertinent. Failing to adhere to legal guidelines can lead to severe consequences, including obstruction of justice charges.

The following types of evidence may be destroyed:

• Evidence that is no longer needed for the investigation or prosecution of a criminal case,
• Evidence with retention that is not required by law, or
• Evidence with retention that is not necessary for an agency's recordkeeping needs or the preservation of which does not serve any other public interest.

What Is the Destruction of Evidence in Los Angeles and California?

Physical evidence encompasses any tangible items that can be presented in court to establish facts. The significance of physical evidence lies in its ability to provide proof of various elements of a crime.

In cases of evidence destruction, physical evidence that is often targeted includes weapons, drugs, and clothing. Such items can be critical in criminal cases, as they may directly link a suspect to a crime scene or victim. For instance, a weapon with the defendant's fingerprints can be pivotal in a criminal trial. Destroying or concealing physical evidence may involve actions like shredding documents, burning clothes, or hiding objects that might have been used in a crime.

Digital evidence, including emails, text messages, and social media posts, is increasingly crucial in modern legal cases. These digital footprints can provide detailed timelines, conversations, and interactions that are pivotal for establishing facts or motives. When someone attempts to delete or alter this digital evidence, it poses significant challenges to the judicial process.

Common methods of tampering with digital evidence include permanently deleting files, wiping hard drives, and using software to remove traces of online activity. The transient nature of digital data makes it particularly vulnerable to such actions. However, there are cases where digital evidence can be recovered using advanced forensic techniques.

Documentary evidence, such as contracts, financial records, and official documents, is critical to many legal cases. This type of evidence provides written proof of transactions, agreements, and other significant activities that can substantiate claims or defenses in court. When people tamper with documentary evidence, they often engage in actions like shredding documents, forging signatures, or altering financial records.

Criminal Cases Where Evidence Might Be Destroyed

Evidence tampering can significantly impact a wide range of criminal cases. For example, in drug-related offenses, tampering with substances or packaging can obscure crucial details about the nature and quantity of the drugs involved. In violent crime cases, altering or hiding weapons and related physical evidence can impede the investigation and prosecution.

White-collar crimes like fraud or embezzlement are also vulnerable to evidence tampering. Here, the destruction or alteration of financial records and other documents can complicate efforts to trace illegal activities and recover assets. Digital crimes, including hacking, phishing, and cyber fraud, are particularly susceptible to tampering with electronic evidence, making it difficult to track digital footprints and establish culpability.

How Do Prosecutors Prove to Convict Someone of Destroying Evidence?

To convict someone of destroying evidence in California, prosecutors must prove two elements. First, they must show that the defendant knew (or should have known) that they were supposed to preserve the evidence. This means that if you're accused of destroying evidence related to a crime, you're not guilty if you didn't know you were supposed to keep it. Second, they must prove that the defendant intentionally destroyed or concealed physical evidence or altered it with the intent to prevent or hinder the discovery or use of the physical evidence in an official proceeding.

Proving intent often involves examining the circumstances surrounding the act. This could include the timing of the destruction, any communications indicating a motive, and the defendant's knowledge. Witness testimony can also play a critical role. Witnesses who observed the defendant's actions or heard statements about the intent to tamper with evidence can provide testimony that leads to a conviction.

What Criminal Proceedings May Warrant Destruction of Evidence Charges

The relevant evidence must be the subject of a court case, such as:

• A criminal trial,
• A police investigation into possible criminal conduct occurring at a correctional institution,
• A hearing on a parole infraction, or
• A criminal investigation that has not yet produced any arrests.

Penalties for Destroying Evidence in Los Angeles and Throughout California

Illicit disposal of evidence can have severe legal repercussions. Individuals who destroy, alter, or conceal evidence with the intent to obstruct an investigation may face charges of obstruction of justice or tampering with evidence. These charges carry penalties that include up to six months in county jail and fines of up to $1,000.

Contact Our Los Angeles Criminal Attorneys to Take Your Side

If you've been accused of destroying evidence in Los Angeles, Werksman Jackson & Quinn LLP has experience working with clients who have faced these types of accusations. We can work hard to help you understand what happened and how to get through this difficult situation. We can always give you honest advice so that you know your exact options and their associated risks.

If you have any questions about your case or if you'd like more information about our services, please call our Los Angeles destruction of evidence lawyers at (213) 688-0460 today!

Additional Information

• How California Penal Code § 135 PC Works