Penal Code 134 PC | Preparing False Evidence

Penal Code 134 PC – Preparing False Evidence

Being charged with preparing false evidence under California Penal Code 134 can be scary. This law makes it illegal to make up or change evidence that you plan to use to try to win a court case or investigation. Even if you don’t end up using the false evidence, just preparing it is against the law. But there are defenses that can help you fight the charges.

What Does California Law Say About Preparing False Evidence?

Here’s what Penal Code 134 says:

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 means it’s illegal to make or change any kind of document, photo, video, or other evidence if:

• You know it’s false
• You plan to use it to trick people in a court case or investigation

Some examples of violating PC 134 include:

• Creating a fake receipt to try to win a lawsuit
• Changing a will before it goes to probate court
• Altering a photo of a car accident to make the damage look worse

It doesn’t matter if you actually end up using the false evidence or not. Just preparing it with plans to use it fraudulently is enough to break the law.

What Are the Penalties?

Preparing false evidence under PC 134 is a felony. That means it’s punishable by:

• 16 months, 2 years, or 3 years in state prison
• Up to 1 year in county jail
• Fines up to $10,000
• Formal probation

The judge has discretion to give you probation instead of prison. But probation often comes with strict terms like community service, classes, drug tests, and more.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Load more

Google rating score: 4.9 of 5, based on 736 reviews

How Can I Fight the Charges?

There are several legal defenses that could get your charges reduced or dismissed. Some common ones include:

• You didn’t intend to use it fraudulently. Prosecutors must prove you planned to use the false evidence to trick people. If you can show this wasn’t your intent, you may beat the charges.
• You didn’t know it was false. You have to know the evidence is false to be guilty under PC 134. If you reasonably believed it was true, it’s not preparing false evidence.
• Entrapment. This applies if police pressured you into preparing the false evidence. For example, if an officer threatened you or refused to leave you alone until you created fake documents.

An experienced criminal defense lawyer can evaluate the details of your case and build the strongest defense.

How Does a Conviction Impact Me?

A PC 134 conviction can have consequences that go beyond jail time and fines. It can also:

• Prevent you from owning a gun
• Show up on background checks for jobs and housing
• Get your professional license suspended or revoked
• Get you deported if you’re a non-citizen

These long-term effects make it critical to fight the charges with an aggressive legal strategy.

Related Charges

Preparing false evidence is part of a category called “obstruction of justice” crimes. Others include:

• Perjury – Lying under oath during court testimony or proceedings (PC 118)
• Destroying evidence – Hiding or destroying evidence needed for a court case (PC 135)
• Offering false evidence – Presenting fake written evidence in court (PC 132)

Prosecutors often pile on multiple charges in hopes of getting a conviction. An attorney can look for ways to get charges reduced or dismissed through plea bargaining.

Get Help From an Attorney

Don’t go through this alone. An experienced criminal defense lawyer will protect your rights at every stage. They can evaluate your case, build defenses, negotiate with the prosecutor, and take your case to trial if needed. Having skilled legal representation greatly improves your chances of the best possible outcome.