Tampering Evidence Such as destroying a cell phone
Evidence of Planting or Tampering California Penal Code 141 A person could be wrongfully arrested for someone else planting evidence against them. Penal Code 141 is considered to be an obstruction of justice in California. A person is charged with Penal Code 141 when they do the following 1) Changing evidence 2) Placing evidence in a specific place 3) Hiding the evidence 4) Moving the evidence or 5) Creating the evidence. There are three elements to be met to violate Penal Code 141. They are 1) The person planted or tampered with the evidence intentionally 2) The person planted or tampered with the evidence and 3) The person intended either a) It would lead to someone else being charged or b) The evidence would be wrongfully created. There are two defenses for California Penal Code 141 Defenses The two defenses to California Penal Code 141 are 1) Mistake of Fact (The person must have intention rather than a mistake) 2) False Accusation (The person who accused you is seeking revenge). Penalties Violating California Penal Code 141 is considered to be a misdemeanor. The maximum prison sentence in county jail is six months and a fine up to $1,000. However, if the defendant is a police officer the penalty is much harsher. The penalty for a police officer is considered to be a felony. The person will face either probation with a maximum sentence in county jail of one year or two to four years in California State Prison.
Bradley Corbett
Bradley Corbett is a criminal defense attorney in San Diego. He graduated from Brigham Young University in Provo Utah in 2004. Later he enrolled at Thomas Jefferson School of Law in San Diego where he participated in a prestigious internship program with the Los Angeles County Public Defender. Since then he has handled over 2,000 cases.