Posted on November 11, 2015

Preparing or Offering False Evidence │ California Penal Code § 132 & 134 PC

Both offering and preparing false evidence are categorized as fraud crimes because they both entail the intent to deceive. Offering false evidence is governed under California Penal Code § 132 which makes it a crime to offer into evidence as genuine, an instrument or writing having knowledge that the writing has been forged or fraudulently altered. This includes, changing the date of a document, forging a signature, or forging a letter. Alternatively, preparing false evidence under California Penal Code § 134 is relatively the same only you’re not offering but preparing the writing to be introduced. Therefore, you could be charged with both counts if you actually prepared a false document and offered it to be true as evidence in court.

PUNISHMENT & SENTENCING

Preparing or offering false evidence is a straight felony which cannot be reduced to a misdemeanor. In the event you’re convicted, you face 16, 2, or 3 years in the county jail. However, if you’re given a sentence consisting of probation, the court usually imposes community service, offender counseling, and court fines. A conviction of either crime is a crime involving moral turpitude carrying adverse consequences to your immigration status and/or state licensing.

EXPUNGEMENT

If you suffer from a conviction of either preparing or offering false evidence, then you may be eligible to expunge your record pursuant to California Penal Code § 1203.4. To obtain this remedy, your conviction must not have resulted in a state prison sentence, you must have completed probation and completed all orders from the court, and pay all your fines. Upon proper petition, the court will withdraw its finding of guilt, enter a not guilty plea, and dismiss the case under P.C. § 1203.4. From that point forward, you will be released from all “penalties and disabilities” resulting from your conviction. If you’re seeking to expunge your record, contact the Law Offices of John D. Rogers to discuss your eligibility.

EXAMPLES

Dan was in the middle of a divorce dispute with his wife. The issue in the case is the amount of agreed upon alimony Dan would have to pay his wife. Dan decided to change the terms of the informal agreement he had with his wife by changing the monthly amount from $1,000 down to $500. Dan brought this agreement to the court and told the judge to mark it as evidence as a legitimate informal agreement between he and his wife. In this case, Dan would be charged with offering a false document and preparing a false document since he changed the agreed terms and represented the document was legitimate knowing the terms were untrue.

Bob was charged with possession of marijuana in Los Angeles criminal court. Because Bob’s medical marijuana recommendation had been expired at the time of his arrest, he was unable to assert a marijuana defense in that he had a valid prescription from a physician. Bob knew that if his prescription was valid at the time of his arrest then the case would be dismissed. Bob called up his doctor’s office and told them the circumstances. A week later Bob received a medical marijuana recommendation from his physician’s office. The document showed that Bob had a valid prescription which expired long after his arrest. Bob used this document in a defense in court and ultimately received a case dismissal. Here, Bob would be charged with offering a false document because he represented he had a valid prescription knowing he actually did not. Bob however would not be charged with preparing false evidence since he was not the one who prepared the marijuana recommendation.

CONTACT US

If you’ve been arrested, charged, or are under investigation for preparing or offering false evidence under P.C. § 132 pc or P.C. § 134 pc, then contact Los Angeles Fraud Crimes Defense Attorney John Rogers at the Law Offices of John D. Rogers. Call 877-888-9820 for a free confidential consultation concerning your rights and defenses. Mr. Rogers is available 24 hours per day, 7 days a week.

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