Q: If documents are created with the intent to deceive and then used in an Arbitration is that considered a Public Facility
If preparing false documentary evidence, such as a Subpoena, under penalty of perjury, with intent to produce it, and allow it to be produced for a fraudulent and deceitful purpose, as genuine and true, upon a trial, proceeding, and inquiry, whatever, to wit, by filing, causing to be filed, and allowing to be filed, said forged document with a private Arbitration venue such as JAMS or JUDICATE WEST, does California Penal Code 134 still consider that a felony? Are these locations also determined to be a Public Office? Or, do the same rules not apply to documents filed at these Private venues?
A:
Under California Penal Code 134, preparing false documentary evidence with the intent to deceive and using it in any trial, proceeding, or inquiry is considered a felony. This law does not limit its scope strictly to public offices or traditional courtrooms. Therefore, even if the false documents are prepared for use in a private arbitration venue, such as JAMS or JUDICATE WEST, the act could still be subject to legal penalties.
The intention behind Penal Code 134 is to uphold the integrity of legal processes, whether they occur in public courts or private arbitration settings. The creation and submission of false documents with fraudulent intent disrupt this integrity, regardless of the venue. Thus, the location where the documents are filed (public or private) does not necessarily exempt one from consequences under this law.
If you are involved in a situation where false documents may have been used in an arbitration, it's important to consult with an attorney to understand your rights and the potential legal implications. Legal advice could provide you with a clearer understanding of your situation and what steps you can take next. Remember, each case is unique, and the application of the law can vary based on specific circumstances.
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