What Happens When A Police Officer Destroys Evidence (Penal Code 135)
If you are charged with a crime and the police or the prosecution act in bad faith and destroy evidence prior to your trial, with the help of a California criminal defense attorney, your criminal case can possibly be dismissed. In a recent California Court of Appeals case, Victor Sivilla was charged with transporting heroin and cocaine hidden in his car engine manifold while crossing the Mexican border. Mr. Sivilla’s attorney requested that the government preserve the vehicle as evidence so that they could conduct a thorough investigation and inspection of the vehicle.
Unfortunately, the government sold the vehicle at an auction before Mr. Sivilla’s attorney could inspect it, even after there was a signed court order which required that the evidence be preserved for inspection by the defense. The Court of Appeals made it clear that if the destruction of evidence was the result of bad faith and the defendant did not have access to obtain other comparable evidence, then it is violation of the Defendant’s constitutional rights. Thus, Mr. Sivilla’s drug trafficking case was dismissed.
Importance of Evidence
The most important aspect of defending yourself against criminal charges is to review all possible evidence that is being used against you. Evidence can be in the form of:
- Eyewitness testimony
- Items seized by police during a search warrant
- Fingerprints; OR
- DNA.
It is very important that your California criminal defense attorney have the opportunity to look at, inspect, and investigate all available evidence. By doing so, you can challenge the law enforcement officer’s investigation and reveal weaknesses in the Prosecutor’s case. The Court has now made it clear that it is a violation of your constitutional rights when important evidence is destroyed or concealed. If law enforcement officers or the District Attorney’s office act in bad faith and fails to preserve important evidence for your attorney to review, then your case can ultimately be dismissed.
Under California Penal Code section 135, it is illegal for anyone to destroy or conceal evidence with the intent of preventing the evidence from being used in a trial. This Penal Code section applies to all individuals, including prosecutors and police officers. If a police officer destroys or conceals evidence in your case, he or she could be guilty of a misdemeanor.
California Criminal Defense Attorney
At Wallin and Klarich, we always strive to hold law enforcement officers and the District Attorney’s office accountable for failing to preserve or deliver evidence in a timely manner. Such important evidence can lead to proof of your innocence. When prosecutors or police officers fail to preserve that evidence, Wallin and Klarich will fight to get your case dismissed.
If you are facing criminal charges, you need the experienced criminal defense attorneys of Wallin & Klarich on your side to fight for your freedom. For over 40 years, we have been helping our clients defend themselves from the illegal and unethical tactics of some prosecutors and police officers. We have the knowledge and experience to notice when a prosecutor or police officer withholds important evidence in your favor and prevent them from doing so.
Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks. Call us today at (877) 4-NO-JAIL or (877) 466-5245 or fill out our client intake form online. We will be there when you call.
