I’ve been charged with destroying evidence – Do I need an attorney? (Penal Code section 135)
Under California Penal Code section 135 destruction of evidence is defined as any person knowing that any book, paper, record, instrument in writing, or other matter or thing, is about to be produced in evidence upon any trial, inquiry, or investigation whatever, authorized by law, willfully destroys or conceals the same, with intent thereby to prevent it from being produced. In other words, if you know that a certain item that will likely be brought in trial or used to investigate a crime and you thereby destroy it or prevent it from being discovered, you be guilty of violating Penal Code section 135.
Penal Code section 135 is a misdemeanor and is punishable by imprisonment in the county jail not exceeding six months, or by fine not exceeding $1,000, or by both. In some drug related crimes, desperate individuals sometimes ingest evidence to destroy or prevent it from being discovered. Not only is this dangerous to the person’s health, but police officers may undertake steps to induce the individual to vomit or pump their stomach under the guise of providing emergency medical attention. In 1951, the United States Supreme Court has held that police officers forcing an emetic down a suspect’s throat to induce vomiting to obtain evidence from the suspect violated the suspect’s right to due process of law and that such conduct “shocked the conscience” and was “bound to offend even hardened sensibilities.” However, since then, the new rule now is whether or not the seizure was reasonable under the Fourth Amendment of the United States Constitution.
If you or a loved one has been charged with a crime, it is imperative that you contact our criminal defense attorneys at Wallin and Klarich. Wallin & Klarich will help protect your rights and find the best defense strategy for your case. For over 40 years, our attorneys have handled many types of these cases with exceptional results. Please call us at (877) 466-5245. We will be there when you call.
