Title: Destroying or Concealing Evidence - Penal Code 135 PC
Headings: Destroying or Concealing Documentary Evidence – California Penal Code 135 PC
Destroying or Concealing Documentary Evidence – California Penal Code 135 PC
Prosecution of Destroying or Concealing Evidence (Penal Code 135 PC)
Sentencing and Punishment for Destroying or Concealing Evidence
Possible Defenses to a Destroying or Concealing Evidence Charge
Frequently Asked Questions Regarding Destroying or Concealing Evidence
Can I be convicted of destroying or concealing evidence if someone told me to do it without telling me why?
What if I accidently destroyed the evidence?
What if I hide the evidence, but it’s eventually found?
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Content: What if it’s already hidden or destroyed before the criminal investigation starts, and I don’t reveal it upon the demand of an officer? If it wasn’t done during an active investigation, then you cannot be convicted of destroying or concealing evidence. What if I know there’s a criminal investigation and I’m on the way to destroy or conceal evidence and the cops catch me before I can get to where the evidence is, can I be convicted? Even if the officers are well aware of what you were on the way to do, if you didn’t actually destroy or conceal evidence, you cannot be convicted of this crime. What if I destroy or conceal evidence, but an officer sees me do it and immediately is able to find it or restore it, can I be convicted? No, at worst you can be charged and convicted of an attempt to destroy or conceal evidence. Destruction demands that it becomes unusable, and concealing demands that it the item cannot be produced. If the evidence is still usable or can be produced at trial, then you cannot be convicted of destroying or concealing evidence. What if I hide the evidence, but it’s eventually found? While the evidence was found and still able to be used in court, for a period of time it could not be produced, thereby it was concealed, and you can still be convicted of concealing evidence.