I was Arrested for Soliciting a Prostitute. How Can I Get My Case Dismissed?
In California, police often set up sting operations to arrest individuals who solicit a prostitute. An officer may pose as a prostitute to catch a “john” or as a john to catch a prostitute. Either way, the sting operation is designed to catch someone in the act of the crime.
If you are arrested for prostitution under a sting operation, you might assume you have no legal defense to the charge. However, our experienced sex crimes defense attorneys at Wallin & Klarich have successfully defended many clients accused of soliciting a prostitute. Let’s take a look out how our attorneys defend against charges of soliciting a prostitute.
The Crime of Solicitation of Prostitution (PC 647b)
Under Penal Code Section 647b, there are two acts that can constitute prostitution:
- Engaging in a sexual act for some form of compensation, and
- Soliciting a person to perform a sexual act for some form of compensation
To prove you committed a crime under PC 647b, the prosecution must prove all of the following elements:
- You requested or otherwise solicited another person to engage in an act of prostitution
- You intended to engage in an act of prostitution with the other person; and
- Your communication containing the request for solicitation of prostitution was received by the other person
Solicitation of a prostitute is a misdemeanor offense. If you are convicted, you face up to six months in county jail and a fine of $1,000. In addition, if your solicitation occurred while you were in a car within 1,000 feet of a private residence, the Department of Motor Vehicles can suspend your driver’s license for 30 days and restrict your license for up to six months.
Defenses to Solicitation of a Prostitute Charges
Our skilled sex crimes defense lawyers at Wallin & Klarich have been successfully defending clients facing prostitution charges for more than 35 years. Here are some of the legal defenses our attorneys have used to help our clients fight solicitation of prostitution charges:
- Entrapment – If you were convinced to commit the crime by an undercover officer of the law, your attorney may have a valid legal defense to the charges against you. To successfully argue entrapment, your sex crimes defense lawyer must show the officer actively attempted to push you toward committing a crime that you would not have otherwise done.
- Lack of or Insufficient Evidence – If the act is not recorded in some manner by the police, there may be no evidence beyond the officer’s word that you committed the crime. Under those conditions, a jury may well have doubts as to whether any illegal activity occurred. Similarly, an alternate explanation may show that the evidence against you is insufficient. Suppose the “price” of the sex offered by the undercover officer is simply a ride to a bus station. You could agree to give the other person a ride to the bus station without intending to receive sex in return, but because the officer mistook your being a helpful person for evidence of your intent to solicit a prostitute, you were arrested.
Contact the Sex Crimes Defense Attorneys at Wallin & Klarich Today
Having an experienced sex crimes defense attorney fighting for you can make all the difference in your case. That is why you should consider hiring our experienced law firm if you were arrested for solicitation of prostitution.
At Wallin & Klarich, our sex crimes attorneys have more than 35 years of experience successfully defending clients accused of solicitation of prostitution. Let us help you now.
With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles and San Diego, there is an experienced Wallin & Klarich sex crimes defense attorney available to help you no matter where you work or live.
Contact our offices today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.