Wed. Mar 27th, 2024

Penal Code 132 PC – Offering False Evidence


Can Police Lye on Affidavits  – Short Answer, NO!

Not if they Value their Career & Freedom and Don’t want civil responsibility

Police have no expectation of privacy on phone calls.  Police lines are recorded expectations end there!


 

Penal Code 132 PC makes it a felony offense knowingly to offer false documents into evidence in a legal proceeding, trial, inquiry or investigation. A conviction is punishable by up to 3 years in jail or prison.

This is considered an obstruction of justice crime in California.

The full language of the code section states that:

132. Every person who upon any trial, proceeding, inquiry, or investigation whatever, authorized or permitted by law, offers in evidence, as genuine or true, any book, paper, document, record, or other instrument in writing, knowing the same to have been forged or fraudulently altered or ante-dated, is guilty of felony.

Examples

  • presenting an altered will in a civil trial.
  • giving the police a fake receipt in a criminal investigation.
  • handing a lawyer a false contract that will be used as evidence in trial.

Defenses

A defendant can challenge an accusation under this statute with a legal defense. Common defenses include:

  • no knowledge,
  • no legal proceeding, and/or
  • entrapment.

Penalties

A violation under these laws is charged as a felony. This is opposed to a misdemeanor or an infraction.

The crime is punishable by:

Our California criminal defense attorneys will explain the following in this article:

1. When is it a crime to offer false evidence?

A prosecutor must prove the following facts to prove a 132 PC case:

  1. the defendant offered or presented false written evidence,
  2. in a legal proceeding, and
  3. the accused knew the evidence was false when he offered it.1

Note that this code section only applies to written evidence, like:

  • wills,
  • receipts,
  • contracts, and
  • records.2

Questions often arise under this statute on the meaning of:

  1. offer,
  2. legal proceeding, and
  3. knowing.

1.1. Offer

For purposes of this statute, a person offers evidence when:

  • he tries to present evidence,
  • to a jury or judge.

Note that California courts have even said a person can be guilty under PC 132 if:

  1. he gives false evidence to his attorney, and
  2. it is brought into the court process in ways other than actually being shown to a jury.3

1.2. Legal proceeding

A person is only guilty under these laws if he offers false evidence in a legal proceeding. This includes things like civil and criminal jury trials.

The term also includes:

  • court hearings,
  • administrative hearings,
  • investigations, and
  • legal inquiries.4

1.3. Knowing

An accused is only guilty under PC 132 if he knowingly presents false evidence.5

This means that he has to:

  1. know that evidence is false or forged, and
  2. offers it anyway.

2. Are there defenses to Penal Code 132 PC?

A defendant can beat a charge with a legal defense.

Three common defenses are:

  1. no knowledge,
  2. no legal proceeding, and/or
  3. entrapment.

2.1. No knowledge

Recall that a person is only guilty under this statute if he knowingly offers false evidence. This means it is a defense for an accused to say that he did not have this requisite knowledge. Perhaps, for example, someone else falsified evidence and the accused then presented it.

2.2. No legal proceeding

A defendant is only guilty under Penal Code 132 if he presents false evidence at a legal proceeding. Therefore, an accused can attempt to say that:

  • while he offered false evidence,
  • it was not in the course of a legal matter.

2.3. Entrapment

Police cannot lure suspects into committing a crime. This “luring” is known as entrapment. It applies to overbearing official conduct like pressure, harassment, fraud, or threats. Entrapment is an acceptable legal defense provided that the accused shows he only committed the crime because of the entrapment.

3. What are the penalties?

A violation of this statute is charged as a felony.

The crime is punishable by:

  • custody in state prison for up to three years, or
  • felony (or formal) probation.6

4. Are there immigration consequences?

A conviction of offering false evidence will have negative immigration consequences.

One California court has ruled that this offense involves moral turpitude.7

This is a problem because “crimes involving moral turpitude” can result in a non-citizen being either:

5. Can a person get a conviction expunged?

A person might be entitled to an expungement if convicted of this crime.

In general, defendants cannot get an expungement for a crime if they get sentenced to state prison.8 This means that a defendant could get an expungement here if:

  • he did not receive a term in state prison,
  • but was rather awarded felony probation and successfully completed it.

6. Does a conviction affect gun rights?

A conviction will cause a defendant to lose his gun rights.

California law says that convicted felons are prohibited from buying or owning a gun.

This means:

  • a conviction would erase a defendant’s gun rights,
  • since offering false evidence is a felony offense.

7. Are there related offenses?

There are three crimes related to presenting false evidence. These are:

  1. preparing false evidence – PC 134,
  2. perjury – PC 118, and
  3. destroying or concealing evidence – PC 135.

7.1. Preparing false evidence – PC 134

Penal Code 134 PC makes it a crime for a person to prepare false evidence.

Note that this is a much broader crime than offering false evidence.

7.2. Perjury – PC 118

Per Penal Code 118 PC, perjury is a crime in California. It is defined as deliberately giving false information while under oath.

Note that while PC 132 pertains to written evidence, this crime involves actual testimony.

7.3. Destroying or concealing false evidence – PC 135

Penal Code 135 PC is the California statute that makes it a crime for a person to willfully destroy or hide any evidence in a legal proceeding.

“Legal proceeding” here has the same meaning as used within Penal Code 132.

https://www.shouselaw.com/ca/defense/penal-code/132/

 

 

 

 

 


To Learn More…. Read MORE Below and click the links Below 



Abuse & Neglect The Reporters  (Police, D.A & Medical & the Bad Actors)

If You Would Like to Learn More About: The California Mandated Reporting Law Click Here

To Read the Penal Code § 11164-11166 – Child Abuse or Neglect Reporting Act – California Penal Code 11164-11166 Article 2.5. (CANRAClick Here

 Mandated Reporter form Mandated Reporter FORM SS 8572.pdfThe Child Abuse

ALL POLICE CHIEFS, SHERIFFS AND COUNTY WELFARE DEPARTMENTS  INFO BULLETIN Click Here Officers and DA’s  for (Procedure to Follow)

It Only Takes a Minute to Make a Difference in the Life of a Child learn more below

You can learn more here California Child Abuse and Neglect Reporting Law  its a PDF files taken from


Learn More About True Threats Here below….

We also have the The Brandenburg v. Ohio (1969)1st Amendment

CURRENT TEST = We also have the TheBrandenburg testfor incitement to violence 1st Amendment

We also have the The Incitement to Imminent Lawless Action Test 1st Amendment

We also have the True Threats – Virginia v. Black is most comprehensive Supreme Court definition – 1st Amendment

We also have the Watts v. United StatesTrue Threat Test – 1st Amendment

We also have the Clear and Present Danger Test – 1st Amendment

We also have the Gravity of the Evil Test – 1st Amendment

We also have the Elonis v. United States (2015) – Threats – 1st Amendment


Learn More About What is Obscene…. be careful about education it may enlighten you

We also have the Miller v. California 3 Prong Obscenity Test (Miller Test) – 1st Amendment

We also have the Obscenity and Pornography – 1st Amendment


Learn More About Police, The Government Officials and You….

$$ Retaliatory Arrests and Prosecution $$

We also have the Brayshaw v. City of Tallahassee1st Amendment Posting Police Address

We also have the Publius v. Boyer-Vine –1st Amendment Posting Police Address

We also have the Lozman v. City of Riviera Beach, Florida (2018) – 1st Amendment – Retaliatory Police Arrests

We also have the Nieves v. Bartlett (2019)1st Amendment – Retaliatory Police Arrests

We also have the Hartman v. Moore (2006)1st Amendment – Retaliatory Police Arrests
Retaliatory Prosecution Claims
Against Government Officials1st Amendment

We also have the Reichle v. Howards (2012) – 1st Amendment – Retaliatory Police Arrests
Retaliatory Prosecution Claims
Against Government Officials1st Amendment

We also have the Freedom of the Press – Flyers, Newspaper, Leaflets, Peaceful Assembly – 1st Amendment

We also have the Insulting letters to politician’s home are constitutionally protected, unless they are ‘true threats’ – Letters to Politicians Homes – 1st Amendment

We also have the First Amendment Encyclopedia very comprehensive 1st Amendment


ARE PEOPLE LYING ON YOU? CAN YOU PROVE IT? IF YES…. THEN YOU ARE IN LUCK!

We also have the Penal Code 118 PC – California Penalty of “Perjury” Law

We also have the Federal Perjury – Definition by Law

We also have the Penal Code 132 PCOffering False Evidence

We also have the Penal Code 134 PCPreparing False Evidence

We also have the Penal Code 118.1 PCPolice Officer$ Filing False Report$

We also have the Spencer v. PetersPolice Fabrication of Evidence – 14th Amendment

We also have the Penal Code 148.5 PC –  Making a False Police Report in California

We also have the Penal Code 115 PCFiling a False Document in California


Sanctions and Attorney Fee Recovery for Bad Actors

FAM § 3027.1 – Attorney’s Fees and Sanctions For False Child Abuse AllegationsFamily Code 3027.1 – Click Here

FAM § 271 – Awarding Attorney Fees– Family Code 271 Family Court Sanction Click Here

Awarding Discovery Based Sanctions in Family Law Cases – Click Here

FAM § 2030 – Bringing Fairness & Fee RecoveryClick Here


 Know Your Rights Click Here (must read!)

 Under 42 U.S.C. $ection 1983 – Recoverable Damage$

42 U.S. Code § 1983 – Civil Action for Deprivation of Right$

$ection 1983 LawsuitHow to Bring a Civil Rights Claim

18 U.S. Code § 242Deprivation of Right$ Under Color of Law

18 U.S. Code § 241Conspiracy against Right$

$uing for MisconductKnow More of Your Right$

Police Misconduct in CaliforniaHow to Bring a Lawsuit

Malicious Prosecution / Prosecutorial Misconduct – Know What it is!

New Supreme Court Ruling – makes it easier to sue police


RELATIONSHIP WITH YOUR CHILDREN & YOUR CONSTITUIONAL RIGHT$ + RULING$

YOU CANNOT GET BACK TIME BUT YOU CAN HIT THOSE PUNKS WHERE THEY WILL FEEL YOU = THEIR BANK

We also have the 9.3 Section 1983 Claim Against Defendant as (Individuals) — 14th Amendment this CODE PROTECT$ all US CITIZEN$

We also have the  Amdt5.4.5.6.2 – Parental and Children’s Rights 5th Amendment this CODE PROTECT$ all US CITIZEN$

We also have the 9.32 Interference with Parent / Child Relationship – 14th Amendment this CODE PROTECT$ all US CITIZEN$

We also have the California Civil Code Section 52.1 Interference with exercise or enjoyment of individual rights

We also have the Parent’s Rights & Children’s Bill of Rights SCOTUS RULINGS FOR YOUR PARENT RIGHTS

We also have a SEARCH of our site for all articles relating for PARENTS RIGHTS Help!


GRANDPARENT CASE LAW 

Troxel v. Granville, 530 U.S. 57 (2000)Grandparents – 14th Amendment

Third “PRESUMED PARENT” Family Code 7612(C) – Requires Established Relationship Required

S.F. Human Servs. Agency v. Christine C. (In re Caden C.)

9.32 Particular Rights – Fourteenth Amendment – Interference with Parent / Child Relationship

Parent’s Rights & Children’s Bill of Rights

Cal State Bar PDF to read about Three Parent Law The State Bar of California family law news issue4 2017 vol. 39, no. 4.pdf


DUE PROCESS READS>>>>>>

Due Process vs Substantive Due Process learn more HERE

Understanding Due Process  – This clause caused over 200 overturns in just DNA alone  Click Here

Mathews v. EldridgeDue Process – 5th & 14th Amendment Mathews Test3 Part TestAmdt5.4.5.4.2 Mathews Test

UnfriendingEvidence – 5th Amendment

At the Intersection of Technology and Law

We also have the Introducing TEXT & EMAIL Digital Evidence in California Courts  1st Amendment


Retrieving Evidence / Internal Investigation Case 

Fighting Discovery Abuse in LitigationForensic & Investigative AccountingClick Here

Conviction Integrity Unit (“CIU”) of the Orange County District Attorney OCDAClick Here

Orange County Data, BodyCam, Police Report, Incident Reports, and all other available known requests for data below: 

APPLICATION TO EXAMINE LOCAL ARREST RECORD UNDER CPC 13321 Click Here

Learn About Policy 814: Discovery Requests OCDA Office – Click Here

Request for Proof In-Custody Form Click Here

Request for Clearance Letter Form Click Here

Application to Obtain Copy of State Summary of Criminal HistoryForm Click Here

Request Authorization FormRelease of Case InformationClick Here

CPRA Public Records Act Data Request – Click Here

Here is the Public Records Service Act Portal for all of CALIFORNIA Click Here


Appealing/Contesting Case/Order/Judgment/Charge/ Suppressing Evidence

First Things First: What Can Be Appealed and What it Takes to Get StartedClick Here

Options to Appealing– Fighting A Judgment Without Filing An Appeal Settlement Or Mediation 

Cal. Code Civ. Proc. § 1008 Motion to Reconsider

Penal Code 1385Dismissal of the Action for Want of Prosecution or Otherwise

Penal Code 1538.5Motion To Suppress Evidence in a California Criminal Case

CACI No. 1501 – Wrongful Use of Civil Proceedings

Penal Code “995 Motions” in California –  Motion to Dismiss

WIC § 700.1If Court Grants Motion to Suppress as Evidence

Suppression Of Exculpatory Evidence / Presentation Of False Or Misleading Evidence – Click Here

Notice of Appeal Felony (Defendant) (CR-120)  1237, 1237.5, 1538.5(m) – Click Here


 Epic Criminal / Civil Right$ SCOTUS Help Click Here

At issue in Rosenfeld v. New Jersey (1972) was whether a conviction under state law prohibiting profane language in a public place violated a man's First Amendment's protection of free speech. The Supreme Court vacated the man's conviction and remanded the case for reconsideration in light of its recent rulings about fighting words. The man had used profane language at a public school board meeting. (Illustration via Pixabay, public domain) Epic Parents SCOTUS Ruling Parental Right$ Help Click Here

Judge’s & Prosecutor’s Jurisdiction – SCOTUS RULINGS on Judicial & Prosecutorial Conduct

 


 


Family Treatment Court Best Practice Standards

Download Here this Recommended Citation


Please take time to learn new UPCOMING 

The PROPOSED Parental Rights Amendment
to the US CONSTITUTION Click Here to visit their site

The proposed Parental Rights Amendment will specifically add parental rights in the text of the U.S. Constitution, protecting these rights for both current and future generations.

The Parental Rights Amendment is currently in the U.S. Senate, and is being introduced in the U.S. House.


 

error: Content is protected !!