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PC 141 Planting, altering, or concealing physical evidence | Fresno Criminal Defense Attorney

PC 141 Planting, altering, or concealing physical evidence-

(a) Except as provided in subdivision (b), any person who knowingly, willful, and intentionally alters, modified, plants, places, manufactures, conceals, or moves any physical matter, with specific intent that the action will result in a person being charged with a crime or with the specific intent that the physical matter will be wrongfully produced as genuine or true upon any trial, proceeding, or inquiry whatever is guilty of a misdemeanor.

(b) Any peace officer who knowingly, willful, and intentionally alters, modified, plants, places, manufactures, conceals, or moves any physical matter ,with specific intent that the action will result in a person being charged with a crime or with the specific intent that the  physical matter will be wrongfully produced as genuine or true upon any trial, proceeding, or inquiry whatever, is guilty of a felony punishable by two, three, or five years in the state prison.

(c) Nothing in this section shall preclude prosecution under both this section and any other provision of law.

Some common questions include:

Can I go to prison for hiding evidence?

Can I get arrested for destruction of evidence?

What happens if I destroy evidence?

Can I move or hide evidenced as long as I don't destroy it?

A factual scenario from outside of California included a lawyer advising a client to remove certain posts from the clients Facebook page.  The client removed the posts, on advice of their lawyer.  Not only was this found to be destruction of evidence, but the lawyer who advised the client was subject to discipline by the State Bar for advising the client to violate the law by removing the posts.

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