The preparing of false evidence is a crime in California and it is covered by California Penal Code 134. It is a wide-ranging law and it covers more areas than Penal Code 132, the crime of “offering” false evidence, as reviewed in our last post. You can only be convicted under Penal Code 132 PC for offering false written evidence. In contrast, Penal Code 134 PC makes it a crime to prepare any kind of false evidence.
California Penal Code Section 134:
134. Every person guilty of preparing any false or ante-dated book, paper, record, instrument in writing, or other matter or thing, with intent to produce it, or allow it to be produced for any fraudulent or deceitful purpose, as genuine or true, upon any trial, proceeding, or inquiry whatever, authorized by law, is guilty of felony.
This law says you can be convicted if you prepare any kind of false or forged “book, paper, record, instrument in writing, or other matter or thing. What does “any kind of matter or thing” mean? It includes not just letters and documents, but things like photos too. Changing the dates on photos or documents can also be considered preparing false evidence. Or it could include something like a fake urine test kit; one that allows you to pass someone else’s urine off as your own to provide a sample to a court monitored drug program. Therefore, any material object that is manipulated into false evidence can be considered in PC 134.
If you have been charged with a violation of Penal code, 134 you will need an expert criminal defense attorney on your side.
Call the Law Office of Elliott N. Kanter at 619-330-5881 to set up your free consultation. You can’t be convicted of violating Penal Code 134 PC unless you actually intended for the false evidence you prepared to be produced in a legal proceeding. If the prosecutor can’t prove that this was actually your intent, you can’t be found guilty. Mr. Kanter has been serving as a San Diego Criminal Defense Attorney for over 30 years. His knowledge and experience can help protect your freedom.
This article is for educational and marketing purposes only. It does not create an attorney-client relationship.