Preparing false evidence (California Penal Code 134) is a serious felony charge involving the intentional creation of deceptive documents or items for use in a legal proceeding.

Since the justice system relies on truth and accuracy, accusations of tampering with or fabricating evidence strike at the heart of judicial integrity, rendering a fair trial near impossible.

It's little wonder that prosecutors pursue these cases aggressively, often seeking the maximum penalty allowed.

If you've been accused of preparing or presenting false evidence for a trial or investigation, you could be facing years in state prison if convicted. Your best hope of avoiding the worst outcomes is with the legal representation of a highly skilled California criminal defense attorney.

At Eisner Gorin, LLP, we know how to craft defense strategies tailored to the case, strengthening the chances of a favorable outcome. Call (818) 781-1570 or use our contact form to schedule a confidential consultation.

What Is "Preparing False Evidence"?

Under PC 134, preparing false evidence involves creating any false or back-dated document or item with the intent to present it as genuine in a legal proceeding for a fraudulent purpose.

It is not enough to simply make a mistake on a document; the law requires a deliberate act of deception intended to affect a trial, inquiry, or investigation.

To convict you of violating Penal Code 134, the prosecution must prove the following elements beyond a reasonable doubt:

• You prepared a false item: You prepared a "false or ante-dated book, paper, record, instrument in writing, or other matter or thing." The term "false" is broad and can encompass a wide range of fabrications. This might include a forged signature on a contract, a digitally altered photograph, a fabricated police report, or a receipt created for a transaction that never occurred.
• You intended to produce the item in a legal proceeding: You must have intended to produce the item, or allow it to be produced, in a "trial, proceeding, or inquiry whatever, authorized by law." This element connects the preparation of the item to a legal context (e.g., criminal trials, civil suits, investigations, etc).
• You intended to deceive or defraud with the item: You must have acted with a fraudulent or deceitful purpose, intending for the item to be received as "genuine or true." The prosecution must show that the defendant's goal was to mislead the trier of fact.

Examples of preparing false evidence might include:

• Fabricating Alibi Documents: Creating fake hotel receipts or credit card statements to support a claim that a defendant was out of town when a crime was committed.
• Forging Civil Contracts: Forging a signature on a contract or lease agreement to be introduced as evidence in a civil lawsuit regarding property disputes.
• Altering Business Records: Changing numbers in a ledger or accounting software to hide embezzlement during a corporate audit or investigation.
• Back-dating Correspondence: Writing a letter today but dating it three months prior to create a false timeline of events for a custody hearing or insurance claim.

What are the Penalties for Preparing False Evidence?

Preparing false evidence under PC 134 is a felony offense. A conviction can result in:

• Fines of up to $10,000; and/or
• A prison sentence of 16 months, 2 years, or 3 years.

In some cases, a judge may grant formal (felony) probation. This involves strict supervision by a probation officer, regular meetings, and adherence to specific conditions such as community service or counseling. Violating probation can result in immediate incarceration.

Related Crimes

Several California criminal offenses are closely related to the preparation of false evidence.

Penal Code 132 PC – Offering False Evidence

Offering false evidence involves knowingly presenting fabricated evidence in a legal proceeding. Like Penal Code 134, it is a felony offense and can result in state prison.

Penal Code 135 PC – Destroying or Concealing Evidence

This law makes it illegal to destroy, conceal, or hide evidence to prevent it from being used in a legal proceeding.

Penal Code 141 PC – Planting or Tampering With Evidence

This statute prohibits intentionally planting, altering, or manipulating evidence to frame someone or to influence a legal proceeding.

Penal Code 118 PC – Perjury

Perjury occurs when a person knowingly lies under oath during a legal proceeding. It is also a felony offense under California law.

Frequently Asked Questions

What is Penal Code 134 in California?

Penal Code 134 makes it a felony to prepare false evidence with the intent to present it as genuine in a legal proceeding, investigation, or trial.

Is preparing false evidence a felony?

Yes. Preparing false evidence under Penal Code 134 is a felony offense punishable by up to three years in state prison.

Do prosecutors have to prove intent?

Yes. Prosecutors must prove that the defendant intentionally created the false evidence and intended to use it to deceive a legal proceeding.

Can charges be dismissed?

Charges may be dismissed if the prosecution cannot prove intent, if the evidence was not actually falsified, or if law enforcement obtained evidence through unconstitutional searches.

Should I speak to investigators if I am accused?

If you are under investigation, it is generally best to speak with a criminal defense attorney before answering questions from investigators.

How Can a Defense Attorney Defend Against Charges of Preparing False Evidence?

A good California defense attorney can counter charges of false evidence through strategies such as proving a lack of intent to deceive, a lack of intent to produce false evidence in a proceeding, or arguing that the evidence was, in fact, accurate.

A skilled attorney can challenge the prosecution's case by scrutinizing the evidence and intent. Because this crime relies heavily on the defendant's state of mind, there are often multiple avenues for defense.

Common legal defenses include:

• Lack of Intent: A primary defense is arguing that you did not have the specific intent to deceive. The law requires a fraudulent purpose. If the error in the document was an honest mistake, a clerical error, or a misunderstanding rather than a deliberate attempt to defraud the court or investigators, you are not guilty of this crime. For example, if a date was incorrect due to a software glitch rather than manipulation, the element of intent is missing.
• Evidence Was Not "False": Defense counsel may argue that the document or item in question is, in fact, genuine and not falsified or ante-dated as the prosecution claims. This often involves a "battle of the experts," in which forensic document examiners or digital forensic specialists are brought in to verify the item's authenticity.
• No Intent to Produce in a Legal Proceeding: Even if a document was falsified, it is not a violation of PC 134 unless there was an intent to use it in a legal proceeding. If a person forged a document for a personal reason unrelated to a trial or inquiry—such as a prank or a private dispute that never reached the legal system—the charges under this specific statute may not apply.
• Illegal Search and Seizure: If law enforcement discovered the alleged false evidence through a violation of your Fourth Amendment rights—such as a warrantless search of your home or computer without probable cause—your attorney can file a motion to suppress the evidence. If the motion is successful, the evidence cannot be used against you, potentially leading to a dismissal of the charges.

Case Study: Defending a Client Accused of Preparing False Evidence

To illustrate, consider the following hypothetical case: "John," a small business owner, faces felony charges under Penal Code 134 for allegedly back-dating an invoice during a civil contract dispute. The opposing party claims John had falsified the document to prove he met a project deadline.

To address these charges, our legal team launches a thorough investigation, uncovering key evidence to challenge the prosecution's claims. Emails between John and his bookkeeper reference the invoice on the original date, contradicting the accusation.

A digital forensics expert analyzes the file metadata and confirms that the invoice's creation date aligns with the deadline, with discrepancies caused by a system crash and subsequent data restoration.

We compiled these findings into a mitigation package and presented them to the prosecutor. By proving the issue stemmed from a technical error, not fraudulent intent, we successfully negotiated a full dismissal of the charges, protecting John's business and reputation.

What If Prosecutors or Law Enforcement Falsify Evidence Against Me?

If the authorities falsify evidence to prove criminal charges against you, they are subject to the same penalties under PC 134 if tried and convicted. A defense attorney can also use this situation to suppress the evidence and get your charges dismissed.

While the justice system is designed to be fair and impartial, instances of evidence tampering, planting, or falsification by law enforcement or prosecutors do occur. This is a severe violation of a defendant's constitutional rights and a miscarriage of justice.

How Our Firm Responds to Falsification of Evidence Against a Client

If there's reason to believe the evidence against you has been fabricated or altered by the state, we have powerful tools to address it.

• Filing a Brady Motion: Under the U.S. Supreme Court case Brady v. Maryland, prosecutors are required to disclose exculpatory evidence—evidence favorable to you. If we suspect the prosecution is hiding evidence that proves police falsified reports or planted items, we can file a Brady motion to compel disclosure of that information, including police personnel files detailing past misconduct.
• Challenging Evidence Admissibility: We can file a motion to exclude any falsified or illegally obtained evidence from being presented at trial. If the chain of custody (the record of who handled the evidence and when) appears broken or suspicious, we can argue that the evidence is unreliable and should be thrown out.
• Cross-Examination: We will thoroughly cross-examine law enforcement officers or expert witnesses. By exposing inconsistencies in reports, timelines, and testimony, we can reveal falsification to the jury and undermine the credibility of the entire prosecution's case.
• Seeking Case Dismissal: If police or prosecutorial misconduct is egregious, we can file a motion to dismiss the case due to violations of your due process rights. In severe cases, this misconduct might even lead to civil rights lawsuits against the responsible agencies.

A charge of preparing false evidence under Penal Code 134 is a serious felony that hinges almost entirely on the element of intent. The prosecution must prove not only that a document was inaccurate, but that you created it with the specific, fraudulent purpose of deceiving a legal authority.

The complexity and high stakes of these cases require the experience of a defense firm adept at handling intricate investigations and challenging the prosecution's evidence.

At Eisner Gorin, LLP, our team of attorneys knows how to mount a strong defense against allegations that you prepared false evidence--and we also know how to respond in the event that prosecutors present false evidence against you. Schedule a confidential case review with us today. Call (818) 781-1570 or use our contact form.

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• Prosecutorial Misconduct
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