Blog

When you have been arrested for solicitation of prostitution, it is important to get an attorney to fight on your behalf in court. Not only are these type cases very embarrassing for the defendant, the penalties for a conviction in this case may include probation, substantial fines, and mandatory time in the county jail. Never admit anything under pressure from the police, always talk to a criminal defense attorney first.

Here is how the Los Angeles solicitation for prostitution lawyers can help to get a favorable outcome at trial in this case;

Misunderstanding the Intent
In order to be convicted of solicitation for prostitution, compensation needs to change hands in exchange for a sex act. If the customer, known as the john, agrees to completing the transaction with the prostitute, an arrest can be made. There are countless cases in the state where a prostitute approached a john who left a sporting event or bar, and was completely inebriated. They simply agreed to the offer for sex without thinking anything about money. Unable to decipher the difference between a one night stand or solicitation with a prostitute, your attorney can fight to show the john was in fact unaware who he was dealing with.

In this example, your attorney will show the court that the prostitute simply took advantage of a person who had too many drinks and could not make a clear decision because of their condition.

Being Trapped by the Police
The local police are constantly setting traps around the city to catch johns making offers to local prostitutes. These stings work well at deterring many people from considering being with local prostitutes, but the problem still exists. Unfortunately, mistakes are made by aggressive police officers who get frustrated when their trap does not work. The undercover police officer may say too much or approach the john for sex without the suspect saying a word about money. If the undercover cop offers sex for $25, the john may simply go along for the ride with no intention of really paying.

Your attorney may be able to show based on the surveillance used by the police officers that the officer made the offer for cash for sex, and not the other way around. The trap may have been conducted illegally, and your Los Angeles solicitation for prostitution lawyers will show that the charges will have to be dropped.

Poking Holes in the Prosecution Case
One of the ways that your Los Angeles solicitation for prostitution lawyer can help get a favorable ruling is by poking holes in the prosecution case. The prosecution has to prove their case, so when they rest, your attorney will get to work at weakening their evidence. The prosecution must show that the defendant solicited or requested sex for money with a prostitute. If the prostitute has a history of lying to the court, their testimony can help your case. Your attorney will detail this prostitute made the request and offer to the defendant, but the defendant had no intention of following through.

In this instance, unless the sex act was caught in the process by the officer, the Los Angeles solicitation for prostitution lawyer can say the defendant was simply flirting around with the woman and had no intent to ever go through with the sexual act.

Aggressive Pimp Practices
If the prostitute has a pimp, this person may be on the aggressive side in an effort to drum up sales for his stable of girls. The pimp may be under surveillance from the police, and the defendant happens to be in the wrong place when the pimp pushes for this person to have a good time with a beautiful woman who will do anything. The pimp talks money, the pimp talks location, the pimp pushes hard for the deal.

Your attorney can argue that had the pimp not approached the defendant, that no deal would have been agreed upon.

Never assume because the police are telling you that they have an airtight case against you that you need to admit to anything. Your Los Angeles solicitation for prostitution lawyer will carefully go over all the evidence in the case to show that you did not violate any laws and the charges should be dismissed.

Prostitution crimes are serious offenses in the state of California. As with other states, California judges assign jail time to first-time offenders of this crime. You could be facing stiff fines and considerable time in jail if the authorities have cited you for solicitation of prostitution. A Los Angeles prostitution solicitation attorney can assist you so that you can preserve your reputation and avoid ending up with a criminal record that could set you back in life. You can schedule a consultation and explain your situation to the attorney. At that time, the attorney can tell you what he or she can do for you.

What Is Prostitution?

Prostitution is a criminal act in which a person sells sexual favors to another person for cash money. In some instances, the offenders exchange drugs or paraphernalia for such favors. It is unlawful for a person to sell his or her body, and it is unlawful for another person to buy sexual favors from another human being. Therefore, your case requires the assistance of a seasoned professional.

What Is Solicitation of Prostitution?

The solicitation of prostitution is the act of offering the services or initiating the transaction. For example, a man who blatantly states that he will pay anyone who is willing to give him access to her private parts is guilty of solicitation. A man who pulls up to a woman who is walking down the street and flashes money at her is also guilty of solicitation. A woman who makes sexually suggestive statements to male passerby can be charged with and convicted of solicitation. A woman who dresses in provocative clothing and paces up and down the same street corner can be guilty of solicitation, as well. Males can be guilty of peddling sexual favors and initiating the transactions, too.

What Are the Penalties for Solicitation of Prostitution?

The penalty for a first-time offense of prostitution solicitation is a fine of up to $1,000 and up to six months in jail. The authorities may charge you with attempted solicitation even if the other person did not hear your request to engage in the transaction. A conviction for attempted solicitation yields a penalty of up to three months in jail and a fine of up to $500.

How Can an Experienced Attorney Assist You?

An attorney can first help you by relieving some of your stress and listening to your story. The attorney has a mission, and that mission is to prove you innocent even though the authorities are trying to prove that you are guilty. He or she an review the case and try to find holes in it such as entrapment, improper procedures, cruelty, failure to read Miranda rights and the like. You can increase your chances of receiving an acquittal or dismissal by contacting an attorney today. The first step is scheduling a consultation.

Call for Help Today

The attorneys at our firm care deeply about your reputation and your freedom. We want to see you have a positive case outcome. We have the statistics to prove that working with us is a smart move. A high percentage of our clients have gone on to live normal and happy lives after they received an acquittal on their case. Even if you do not receive an acquittal, we can help to minimize your sentence or alter the specifics so that you do not lose your job and your family. Give us a call and allow us to represent you in this sensitive matter. We will provide you with the utmost level of confidentially and professionalism.

Prostitution is a crime taken very seriously in Los Angeles, but it’s not one many people fully understand. According to Penal Code 647(b) PC in California, prostitution is not just the act of selling your body to another person in exchange for money. It’s also a penal code that reaches to the customer as well. If you agree to sell your body, take or pay money to someone else as an exchange for sex, or you offer to perform for money, you are guilty of prostitution in California. The penalties are serious, and you could use an attorney if you are arrested and charged with prostitution.

What is Prostitution?

It’s commonly believed prostitution only applies to the man or woman selling their own body for money, but it’s also the customer who is offering money for the act.

– Anyone who pays or accepts money in exchange for any sexual favors
– Anyone who offers to engage in the act of performing or paying for sexual favors
– Anyone who makes a verbal agreement to pay or perform sexual favors for money

Both the prostitute and the person who pays the prostitute are now guilty of prostitution, and both face serious penalties for their crime. However, the law can be confusing. If a man offers a woman money for having sex and she says no thank you to him, he is guilty of prostitution even though she did not take his money and she did not perform any sexual acts. If she took his money, they’re both guilty.

Penalties for Prostitution in California

The penalties vary based on the circumstances in each case. Typically, the penalties are given based on the number of offenses you have for the same act. If you are a first-time offender, you’re going to face up to six months in jail and/or a fine of up to $1,000.

If this is not your first offense, the penalties are a little more serious. You’re facing 45 mandatory days in jail for your second offense, and that time is increased to 90 days if you are a third-time repeat offender. This is in addition to the penalties you’d face if you were a first-time offender.

If you are found guilty of engaging in prostitution in a car or you were less than 1,000 feet of someone’s home, you lose your driver’s license for one month or it’s restricted for up to six months. The penalties are serious in California.

Legal Defense Against Prostitution

Sometimes there are accusations made but no crime was committed. For example, if a man slides a woman a $20 bill at a bar to pay for her drinks and says this is for last night, it might be overheard by a police officer and both are arrested. If that man was your boyfriend or a good friend and you’re joking, it’s nothing more than a mistake. This is also called lack of intent.

Other legal defenses include police entrapment, lack of trustworthy evidence, and insufficient evidence. If you’re arrested for this crime in California, you should call an attorney right away to discuss your rights. You might not be guilty of prostitution, and you might not know how to get out of this crime without making things worse or accidentally incriminating yourself for another crime.

Prostitution is not just sexual intercourse, either. It’s also any lewd act or sexual act that is performed in any capacity. Even if you agree to show a man a certain body part for a fee, you are both guilty of prostitution. The law is often confusing for those who don’t know much about it, which is why some people end up being arrested for a crime they aren’t sure they even committed.

If you are arrested and charged with prostitution, call an attorney. An attorney will walk you through the steps to ensure the police did their job correctly, they gather evidence, review statements, and they work to provide you with a solid defense. You might be cleared of all charges or see the penalties reduced if your attorney knows he or she can negotiate on your behalf. You should call as soon as you’re arrested.

Possession of a controlled substance is illegal in California, and it’s made worse when you’re caught driving while in possession of a controlled substance. A controlled substance is defined as anything regulated by the United States Controlled Substances Act. It doesn’t necessarily mean it’s an illegal drug. It can be a legal drug that’s been prescribed if the prescription is not in your name. This is a strict law, but there are many considerations regarding this type of arrest. For example, you can pick up a prescription from the pharmacy for your spouse and end up pulled over with it in your car. This is easily explainable and typically not a reason to arrest you if you can prove you haven’t used it.

Possession While Driving

The law is complicated regarding possession in California. It’s not illegal for adults over the age of 21 to carry up to one ounce of marijuana as well as up to 8 grams of cannabis while walking, driving, living at home, or doing anything else. However, the law does require these substances remain in a closed container while driving. It is illegal to drive if the marijuana is not in a container or the container in which it came in is open or missing its seal.

It’s not a major crime to carry if you have under the legal limit even if it’s not in a container. However, you will be punished with a fine not to exceed $100. If you have more than the legal limit, the situation changes. Possession while driving with more than legal recreational use limit of marijuana is subject to fines, and sometimes the crime can be classified as a misdemeanor and you could face time in jail. If you are under the age of 21 and have any marijuana in your vehicle at the time of your arrest, you are automatically fined and guilty of this infraction as it is illegal for you to possess any amount of marijuana.

If you possess any other type of drug or a prescription that’s not yours, you face more serious consequences. Most possession of controlled substance charges are defined as a misdemeanor charge depending on the amount of the drug, the type of drug, and other circumstances, and you could face up to one year in jail as well as fines up to $1,000.

Defending Possession Charges

There are several defenses to this crime, and one might apply to you. If the drugs were found following an illegal search of your person or vehicle, you can fight those charges in a court of law and have them dropped entirely if you win your case.

If you possess a valid prescription, it’s not illegal to carry the drug with you. If you have it and it’s for someone in your household, you can argue that person left it in the car, you didn’t know, or you just picked it up for them. You might not know there are drugs in your car if there are other people in the vehicle with you or you are using a vehicle someone else used before you. For example, the person who used a rental car before you might have left their drugs in the car and they simply were not discovered by the agency prior to you picking up the car.

If you were on your way to a local drug disposal situation offered by many police stations throughout the year, you are not committing a crime. Additionally, you can fight if you believe drugs were planted in your vehicle by the police.

Call an attorney if you are arrested and charged with possession while driving. There are so many different situations that might occur based on your criminal history, how far you traveled with drugs, what kind of drug you have, and how much of the drug you are carrying. You need an attorney on your side to help fight for your rights and keep you out of jail. If you are guilty, your attorney can fight for a reduced sentence. You have a much better chance of winning your case if you hire an attorney to help you.

Operating a vehicle with marijuana in the car is a crime. Possessing up to one ounce of marijuana in the vehicle is punishable under California Vehicle Code 23222(b). The penalty for arrest is a $100 fine and court costs.

Smoking marijuana while operating a vehicle is considered driving under the influence, or a DUI charge.

Concentrated cannabis (hasish) found in a vehicle is punished under California Health and Safety Code 11357(a) and is subject to possible prison time and a much larger fine.

If you are discovered transporting more than one ounce of cannabis in your vehicle, the crime becomes that of transporting marijuana. This crime is prosecuted under California Health and Safety Code 11360.

Some defenses to California possession while driving are:

You have a prescription for medical marijuana.
Legally possessing a prescribed amount of marijuana is not the same as smoking marijuana while driving or transporting cannabis. A person with a medical prescription for marijuana is allowed to take the medical prescription home in the car like any legal drug that may be prescribed.

You are a medical marijuana caregiver.
California’s medical marijuana law allows for certain adults to be appointed caregivers for persons in possession of a medical marijuana card, under Proposition 215. This is by definition an individual who has consistently assumed responsibility for a patient with a medical marijuana card. A person in this capacity may transport a patient using medical marijuana. In this case, marijuana in the vehicle is not a crime.

You do not legally ‘possess’ the marijuana found in your vehicle.
If you are smoking marijuana while driving, you are actively ‘possessing’ the cannabis in your hand. You have direct control over the drug as you drive, even if the marijuana is in an unlit joint in your hand.
If a police officer finds marijuana in your back seat, under the passenger seat or in the glove compartment, you are not in direct control of the substance. If the cannabis is hidden somewhere in your car, there is a chance that you were not aware of the marijuana. It could have been secreted away by a wary passenger or someone who borrowed the car.
It is important to realize that a skilled Los Angeles criminal defense lawyer will be needed for the expertise to counter the charge of marijuana possession while operating a vehicle.

An illegal search of your car is made.
A routine traffic stop for speeding is not an opportunity to search your car without a legal reason to search or without your permission. Unless the marijuana can be easily viewed or discovered because you gave permission for a police search, the evidence of your marijuana may be viewed as illegally obtained by the court.

Although marijuana laws have relaxed a great deal in recent years, it is still against the law to drive with marijuana in a vehicle unless authorized to possess the cannabis per medical use.

If you have been apprehended and charged with possession while driving, VC23222(b), please call a Los Angeles criminal defense attorney to consult with you as quickly as possible. The sooner the charges can be addressed by a skilled attorney, the sooner your case can be resolved.

If you’re under age 21 and you’re stopped by law enforcement with alcohol in the car, you face potential jail time, fines and loss of driving privileges.

California Vehicle Code section 23224 declares it misdemeanor for those under 21 to knowingly driving a vehicle that carries or has alcohol in it or possessing or controlling alcohol in the vehicle . The crime occurs even if the container of alcohol remains unopened.

With one of our Los Angeles attorneys, you can find assistance in contesting a charge or lessening the punishments you may face. In particular, a number of defenses can help you avoid a conviction for violating California Vehicle Code section 23224:

When Someone Under 21 Can Possess or Transport Alcohol in the Vehicle

Not all underage possession or transportation of alcohol in a car violates California Vehicle Code section 23224. The following are exceptions to the general prohibition:

* A parent of yours, a “responsible adult relative,” or legal guardian accompanies you or you’re accompanied by someone that your parent designates for the purpose of you having or transporting an alcoholic beverage. This usually happens if the qualified adult buys the beverage and you’re driving the vehicle.

* You timely follow the instructions of your parent, legal guardian, responsible adult or parent-designated adult in transporting the alcohol. For instance, the relative tells you to take unopened bottles of wine home from a gathering and you take them to the home without unnecessary detours or stops.

* You deliver alcoholic beverages during normal work hours in the course of your employment with a licensed seller of alcohol. For instance, you’re assigned to take cases of beer to a grocery store or an event at which alcohol will be served.

The exceptions will not help you if the alcohol is opened. When the seal is broken or bottle otherwise opened, the transport of the alcohol violates California’s “Open Container Law” set forth in sections 23221 to 23229 of the California Vehicle Code.

Transportation Without Knowledge

The prosecutor bears the burden of proving that you knew there was alcohol in the car. Thus, you may defend on grounds that the passenger concealed the alcohol or kept you from knowing that he or she had purchased some or was going to do so.

Yet, the circumstances can prove your knowledge of the presence of alcohol while you’re driving. These include, but are not limited to:

* Driving your passenger to a liquor store

* Evidence that a passenger has a fake driver’s license or identification card and you knew about the false license or card

In these situations, a prosecutor can argue strongly that you were aware that you’re passenger intended to purchase and did purchase alcohol.

Penalties

A conviction for driving a vehicle with alcohol in it while under 21 can result in six months in a county jail, along with and a maximum $1,000 fine or impoundment of your vehicle for up to 30 days. Impoundment means that the vehicle is rendered unavailable for your use during a period of time.

The most serious consequence may lie in the loss of your driving privileges. Being convicted for transporting alcohol while under 21 can cause a one-year suspension of your driver’s license. For a not-yet licensed driver, conviction means potentially a one-year delay in the issuance of a driver’s license.

To underscore the significant impact of a conviction under California Vehicle Code section 23224, a one-year license suspension also applies to convictions by underage drivers for driving under the influence of alcohol with a blood alcohol content (BAC) of 0.05 or higher.

Contact Us For Legal Assistance

You or your child should take a charge of possession of alcohol in a vehicle while under age 21 seriously. With the help of one of our Los Angeles attorneys who handle these types of California Vehicle Code cases, you may find yourself within an exception to the general prohibition or a lack of knowledge defense. Our lawyers can also explore the possible results in saving your driving privileges and all that comes with the ability to drive.

If you or your teen was caught drinking and is facing charges of a minor in the possession of alcohol, and they were in an automobile at the time it happened, it’s time to meet with a lawyer. If this charge could destroy their chances of getting into the college of their choice, the job they someday want to have, or their future, you may need to fight the charges.

There are a few different ways that your lawyers can fight the charges. If the teen didn’t take a breathalyzer test and the alcohol was only in the vehicle, which wasn’t theirs, the cops are assuming and don’t have proof. If the minor was targeted or lured in by entrapment, these are also forms of defense. Here are a few things to expect with the charges.

First Time Offense

The penalties for a minor getting caught with alcohol in the car will vary, but the following should be expected when going to court:

• A fee for the ticket of minor in possession of alcohol
• Community service hours
• Alcohol education classes
• A possible ticket for having an open intoxication in a vehicle

Where the minor was caught, if they were intoxicated in a public place, and if they resisted the officers taking the alcohol can lead to other charges.

Second Time Offense

Minors who commit the crime and are caught with alcohol a second time not only face the potential charges that they would get with their first time offense if convicted, but they can also lose their driving privileges for up to a year. The fines and community service hour requirements are also expected to increase with a second time offender, and the minor may get probation. Unfortunately, fighting the charges may be more difficult with a multiple time offender, and it may be to try to negotiate with the judge.

Negotiating a Plea Deal

If the minor is facing charges beyond just being in possession of alcohol, and they could get in trouble for resisting arrest, having an open container in a vehicle and more, you may be able to get the case dropped to just one charge. The minor would plead guilty to the possession, but then all the other charges would be dropped from the case. This is just one example of what could happen with the plea deal, but it could be used to get fewer community service hours or reduced probation.

Dealing with the charges for a minor in the possession of alcohol in an automobile is much easier than if the minor was the one behind the wheel of the car and driving. This charge will come off their record with time and isn’t a felony. Make sure the police have enough substantial evidence to prove that the minor did possess the alcohol before accepting the charges and the punishment. If the minor is facing more than one citation, work with a lawyer to get rid of the other citations in the case.

Most folks are already aware of the United States Controlled Substances Act, but there is a connected crime that also makes you accountable if you arm yourself while in possession of a few select drugs among the Controlled Substances Act:

– Cocaine
– Meth
– PCP
– Heroin
– An analog of any of the aforementioned drugs

If you’re found to be armed while possessing any of these drugs, you’re going to need to defend yourself against a felony, the most serious form of crime on earth. And it can be a true uphill battle. Drug use is strongly frowned upon by the courts and by society in general, so even if you’re falsely accused, when you first approach the court, it might initially view you in a not too fond way. That’s why it’s the job of your defense attorney to speak on your behalf. They are able to investigate your case, apply their knowledge of the law to it, and then represent you and lend credibility to your half of the story.

Penalties for this Crime

If convicted of this crime, you can be sent to California state prison for two, three, or four years, and fined $10,000. If you pick up a felony on this charge, you might also never be able to own firearms again and you might have to tell potential employers or landlords that you were convicted of the offense. Since the consequences of this crime are so detrimental, it’s vital that you fight it through the use of a great defense attorney.

Alternatives to Prison

The thing defendants are most worried about – and rightfully so – is the possibility of going to state prison and losing years of their lives locked inside the system. A good defense attorney will aim to keep you out of prison and on a path toward rehabilitation (if you’re guilty) or out of prison and right back to your regular old life (if you were falsely accused). Drug diversion programs are NOT an option in this type of case, but there are other measures your defense attorney can take to keep you out of jail.

Formal California felony probation may be an option, as will be a suspended sentence (you might be convicted, but if you stay out of trouble, you won’t have to serve out your sentence). Only a good defense attorney can explain both of these options to you in depth. And if you’re not guilty, you can certainly fight the charges in front of a jury. You have that right. Depending on your prior convictions, if any, you will be a candidate for this type of punishment. If you have no criminal history, a defense attorney has an excellent change of getting you probation or reducing your jail time to a minimum.

If you are granted probation, you’ll face things like drug counseling, drug testing, payment of fines, and the ability to be searched at any time by an officer of the law, with or without a warrant. It’s well worth it to stay out of jail. These aren’t the only stipulations of felony probation but among the most prevalent. There are some rules that apply to all probationers and some that will only apply to some probationers. Each situation is different and probation officers are trained to know the course for each person on probation. They are doing what’s both for the state and the person who is being given a chance to rebuild their life.

Defenses

When you hire a defense attorney, they can defend you with numerous defenses. They might say that:

– The drugs in question were not yours
– Gun was unloaded
– An illegal search is what uncovered both the gun and drugs
– You were unaware that what was in your vicinity was drugs in the first place

Call an Attorney

Given the serious nature of this crime and the fact that you could lose your freedom, it’s vital that you call an attorney today before going forward or entering any type of plea. Call a great attorney today and get your life back on track.