Solicitation Of Prostitution
What Does The Prosecutor Have To Show To Prove That I Am Guilty Of This Crime?
Under Penal Code 647(b), the prosecution must show that:
- You requested sexual intercourse (or some other lewd act) from another person in exchange for money or other compensation (prostitution)
- You intended to engage in prostitution with the other person
- The other person received your communication containing your request
(Note: A related charge under Penal Code §653.22 is the act of loitering for prostitution. If you delayed or lingered in a public place where you did not have a “lawful purpose” for being there, and you did so intending to commit prostitution, you may be charged and convicted of this crime.)
What Can My Lawyers Do To Have My Charges Dismissed Or Reduced?
Our Los Angeles criminal defense lawyers will scrutinize all police reports, witness statements and other evidence in your case.
Many arrests for solicitation of prostitution originate from “stings,” or undercover police officers disguised as pimps or prostitutes. In many such cases, these officers try to coax, coerce, or lure the defendant into engaging in prostitution or otherwise pressure the defendant to agree to give up compensation in exchange for sexual favors. Some examples include flattering the defendant or using emotional blackmail, or, in some cases, even harassing or defrauding the defendant into committing the act. This is called entrapment. Under California law, entrapment occurs where an otherwise law-abiding person is induced into committing a crime that he or she would otherwise not have committed.
Based on the facts or circumstances of your case, we may be able to successfully argue that you were the victim of entrapment, resulting in the dismissal of your charges.
We may also be able to negotiate an alternative disposition of your case. We can discuss the matter with the prosecutor and arrange for a dismissal of your charges in exchange for your completion of AIDS awareness classes. This is particularly feasible if you do not have a criminal history and are otherwise a responsible, law-abiding citizen.
If you were pulled over in your vehicle at the time the arrest was made, we will look into the reason for the vehicle stop. Based on the facts and circumstances of your case, we may be able to argue that the police did not have reasonable suspicion of a traffic violation or probable cause that you were committing a crime at the time your vehicle was stopped. If so, we may be able to have the evidence against you suppressed and, therefore, the charges to be thrown out.
There are a host of issues we can evaluate based on our analysis of the police reports, witness statements and other evidence on file. Based on our findings, we may be able to successfully thwart a criminal prosecution in court, or otherwise weaken the case against you.
Ernenwein & Johnson, LLP, has experienced Los Angeles criminal defense lawyers with over 40 years of combined experience defending persons accused of solicitation of prostitution.
Robert Ernenwein is a former Los Angeles Deputy District Attorneys and is Certified as a Criminal Law Specialist by the California State Bar Board of Legal Specialization. He has been named a Super Lawyer by Los Angeles magazine and has appeared as a legal analyst on multiple cable news programs, including Fox News.
Have you or someone you know been arrested for solicitation of prostitution? Contact Ernenwein & Johnson, Los Angeles and Orange County criminal defense lawyers, today at 424-552-3901 for a free case review.
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