It is an unfortunate fact that some people do not report specific crimes because they are worried that they will face criminal charges if they do so. Additionally, there are some items considered evidence of a crime that is actually there to protect a person. Keep reading to learn more about both of these situations and then contact Law Office of Michael L. Fell at (949) 585-9055 if you are facing criminal charges and require the help of an experienced criminal defense attorney.
Condoms as Evidence of a Crime?
Believe it or not, until SB 233 goes into law, if a person is charged with prostitution, possessing condoms can be used as evidence against them. Forget the fact that many people have condoms on them and are not committing any crimes, but if a person is engaging in prostitution, all this law does is encourage them not to use condoms for fear that they will be used as evidence against them. The law changes this so that condoms cannot be used as evidence.
Victims Would Be Able to Report Crimes without Worry of Prosecution
Currently, if a person reports a crime related to illegal drugs, prostitution, and other crimes, they can then be charged when forced to admit what they were doing at the time of the crime. For example, if a person is reporting an assault during the commission of a misdemeanor drug crime, the new law would ensure they had immunity against prosecution.
This applies to any misdemeanors that violate the Controlled Substances Act or any act that is related to prostitution. If a person is reporting sexual assault, robbery, kidnapping, blackmail, human trafficking, stalking, extortion, assault, or other violent crimes, they cannot be charged with crimes related to the Controlled Substances Act and prostitution.
It Will Still Be Important to Hire a Criminal Defense Attorney
While this is good news to victims who would otherwise be afraid to report crimes committed against them, there are two things to remember. First, it is not yet the law. Second, even when it does become the law, there are bound to be exceptions and challenges to the law. If you were the victim of a crime while involved in one of the crimes described above, you should talk to a criminal defense attorney before you report the crime – unless you are in immediate danger. In that case, call 9-1-1.
At Law Office of Michael L. Fell we can help with these and other criminal defense needs. No matter what you are facing, you can count on the help of an attorney who is on your side. Contact us at (949) 585-9055 now to request a free legal consultation.