New California Law Makes It A Felony For Prosecutors To Withhold Evidence In Criminal Cases

Although it happens in some cases, I was surprised to learn that it was not a felony crime for prosecutors to withhold evidence in criminal trials. That has changed in 2017.
California Penal Code § 141 (Amended): A Prosecutor Withholding Exculpatory Evidence: Addition of new subdivision (c) provides that “(a) prosecuting attorney who intentionally and in bad faith alters, modifies, or withholds any physical matter, digital image, video recording, or relevant exculpatory material or information, knowing that it is relevant and material to the outcome of the case, with the specific intent that the physical matter, digital image, video recording, or relevant exculpatory material or information will be concealed or destroyed, or fraudulently represented as the original evidence upon a trial, proceeding, or inquiry, is guilty of a felony . . . .”
Punishment: Felony; 16 months, 2 or 3 years in prison or county jail pursuant to P.C. § 1170(h).

Courts have always found that withholding of evidence is grounds for reversal of a conviction or other court- imposed sanctions against the prosecution (See Brady v. Maryland (1963) 373 U.S. 83; generically referred to as a “Brady Violation.), a prosecutor intentionally withholding exculpatory evidence is now a felony offense. Peace officers doing the same (per subd. (b)) is already a felony offense, but with a greater punishment; 2, 3 or 5 years in prison. For anyone else, the offense is a misdemeanor (subd. (a)).

About thetorranceattorney

Matthew Ruff is a Torrance criminal defense attorney located near the 405 freeway on Crenshaw Blvd. Focusing on DUI and serious criminal cases for over twenty five years. In addition to criminal cases, Matthew also defends clients at the DMV regarding license suspension hearings stemming from drunk driving arrests.
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1 Response to New California Law Makes It A Felony For Prosecutors To Withhold Evidence In Criminal Cases

  1. Sante Salvatore Diliberto says:

    I am victim of Pacific Hospital of Long Beach Financial Conflict of Interest, Fraud Concealment, Battery Malpractice, Misused Unproved, No Label, UK Toxic Implants, like Dental Implants Cement used on my Lumbar Spine and PEEK Organic Discs L4 L5 S1 with no Informed Consent and instead of Help I’ve been Attacked, Poisoned, Falsely Accused, Put at Risk by Several Doctors, and Denied Due Process by Pomona Court after I have shown DA of Invasive hidden Implant MRI Images then I was Coerced or Tricked might be a better word into pleaTwo Court Dates were Erased and rewritten as larger Crime in a different pervious Court in Covina where DA would not follow the Judges orders. I’m not to blame for others crimes Being Medically Impaired with Invasive Implants that I was never Informed or Consented.. I have been denied Due Process and any Quality of Life barely living in Massive Risk being Prescribed a Beta Blocker just last month by some. San Dimas Hospital Doctors for 30 days and. I consumed, 21 days worth and I had Shortness of Breath and Bradycardia and because of that caused me Heart damage. and COPD and was told by Centinela Hospital I was put at Risk of Dying. Have close to killed me because of Crystalline Synthetic and Biomedical Commucations Passive Conductive Degrading Implants and Point of Care Privacy Violating for over 17 years… Human Hybrid Guinea Pig while now Law Enforcement (San Dimas Sheriff’s) are telling me I’m above their Jurisdiction and a Brady Victim and my Constitutional Civil Human Rights have\ are being violated as a fraud Victim… Please help me with an Attorney that won’t Betrayal me like the last two that had a Conflict of Interest, gained more by being involved in Cover Up, Fraud upon the Court… I have\am Disabled and Legally Impaired by Quack Criminal Doctors with Total Back Failed Surgery Syndrome and Invasive Hidden Implants like MRI shows object injected onto my brainstem on my Neck that I showed Pomona, California Court and DA Freaked Out and now I know Erased two Court Dates while making me look like a Felon while I have only been a Victim of Compulsive Conspiracy Fraudsters and Liars Thank You

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