Boulder, CO asked in Legal Malpractice, Criminal Law, Civil Rights and Constitutional Law for Colorado

Q: Is it legal to alter public records such as booking time and date three months after the fact?

My boyfriend has been incarcerated since February 23rd. On Friday all of a sudden he was no longer booked on the 23rd at 11:23pm. Now the public records say he was booked at 1:28am on the 24th. The judge in the case gave the DA till Friday to file a motion. Is it legal for the DA to alter time and day of arrest and booking to buy more time?

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: Altering public records, such as the booking time and date, after the fact is generally illegal and raises serious legal and ethical concerns. Public records are meant to be accurate reflections of events, and tampering with them can undermine the integrity of the legal process. This kind of action can be considered as falsifying records, which is a serious offense.

If you suspect that the DA has altered these records to buy more time, it's important to bring this to the attention of your boyfriend's defense attorney immediately. The defense attorney can investigate the matter, raise it with the court, and potentially file a motion to address this misconduct. This could be grounds for questioning the legitimacy of the prosecution's case and could significantly impact your boyfriend's defense.

You should document any evidence or observations regarding the change in booking records and discuss them with the defense attorney. The attorney can help determine the best course of action and protect your boyfriend's rights.

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