If all the facts in a case were immediately obvious, the court’s job would be a lot easier, but as it stands, we have to rely on testimony, forensics, expert opinion and other forms of evidence to help guide the judge and jury to the right conclusion. Unfortunately, these things don’t always tell a complete, unbiased story of what really happened and things get even worse when someone lies when under oath or when evidence is manipulated or even invented. That is why offering or preparing false evidence is a felony crime in California and anyone accused of this charge needs to speak with a top San Diego defense lawyer as soon as possible.
It’s important to remember that criminal trials aren’t the only places where false evidence can be used. Some people will create or manipulate evidence in lawsuits, family court matters and financial cases. It’s also worth noting that you don’t have to be involved in law enforcement to be charged with this crime.
If you have any reason to believe that someone may accuse you of offering or preparing false evidence related to any type of legal proceeding, a San Diego criminal attorney can help you come up with a defense strategy before charges are even filed. Providing false documents as evidence in a government investigation is also a felony. If you are contacted by any government agency requesting documents, you should contact a criminal lawyer right away.
Similarly, the evidence doesn’t even need to be used in court in order for you to be charged. If, for example, you edited a video to make it look like someone committed a crime and turned it into the police who discovered your forgery before they pressed charges against the person you attempted to frame, you could still be charged with preparing false evidence.
No matter what type of case, what type of evidence or how serious the issue at hand was, the penalties for this crime are always the same -up to three years in California state prison. That means that even if you manipulated evidence to fight a parking ticket, you could still receive the same penalty as someone who attempted to frame someone else form murder.
Fortunately, in order to be convicted of this crime, the prosecution has to prove that you actually knew what you were doing. If, for example, you really believed your ex failed a drug test and tried to present evidence of this in a custody hearing, your San Diego criminal defense attorney can help you show that even if the evidence was false, you had reason to believe it was not.
This is an important distinction that can be difficult to prove unless you confess to offering or preparing false evidence during investigation. If you are charged with this crime, or believe you may be charged with it, please speak with a top San Diego defense lawyer before you speak to police or investigators about the situation.
You can schedule a free initial consultation with Peter M. Liss by calling (760) 643-4050 or (858) 486-3024.
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