Solicitation of a Prostitute in California – Top 4 Defenses
Contents
- 1 Solicitation of a Prostitute in California – Top 4 Defenses
- 2 Introduction
- 3 What is Solicitation of a Prostitute Under California Law?
- 4 Defense 1: Entrapment
- 5 Defense 2: Insufficient Evidence
- 6 Defense 3: Lack of Intent
- 7 Defense 4: Violation of Constitutional Rights
- 8 Conclusion and How Spodek Law Group Can Help
Solicitation of a Prostitute in California – Top 4 Defenses
Introduction
If you or a loved one has been charged with solicitation of a prostitute in California, you may be feeling scared, overwhelmed, and unsure of what to do next. At Spodek Law Group, we understand how stressful and frightening this situation can be. You likely have many questions swirling through your mind: What does this charge mean? What are the potential penalties? Is there any way to fight these charges and clear my name?First and foremost, it’s crucial that you know you’re not alone in this. Our skilled team of California criminal defense attorneys has helped countless individuals in your exact situation. We have the knowledge, experience, and dedication needed to craft a strong defense strategy on your behalf. With our help, it may be possible to have your solicitation charges reduced or even dismissed entirely.In this article, we’ll take a detailed look at the top 4 defenses to solicitation of a prostitute charges in California. We’ll explain each defense in-depth, discuss how they can be used in court, and explore some real-world examples. By the end, you’ll have a much better understanding of your legal options and how our firm can help protect your rights, reputation, and freedom.So take a deep breath, try to relax, and keep reading to learn more. Remember, at Spodek Law Group, we’re here for you every step of the way. You don’t have to face these charges alone.
What is Solicitation of a Prostitute Under California Law?
Before we dive into the potential defenses, it’s important to have a clear understanding of how California law defines solicitation of a prostitute. Under Penal Code 647(b) PC, solicitation of prostitution is requesting that someone engage in an act of prostitution.To convict you of this offense, the prosecutor must prove the following elements:
- You requested that another person engage in an act of prostitution
- You intended to engage in an act of prostitution with the other person
- The other person received the communication containing the request
An “act of prostitution” refers to engaging in sexual intercourse or a lewd act in exchange for money or other compensation. A “lewd act” means touching the genitals, buttocks, or female breast of either the prostitute or customer for the purpose of sexual arousal or gratification.It’s important to note that you can be convicted of solicitation even if no sex acts actually occur. Simply making the request is enough to warrant charges, as long as the other person receives the communication. The solicitation can occur through various means, including in-person, over the phone, via text message, or online.Solicitation of a prostitute is a misdemeanor in California, punishable by up to 6 months in county jail and/or a fine of up to $1,000. However, the penalties increase with subsequent convictions. If you have prior convictions for solicitation, you could face mandatory minimum jail sentences:
| Number of Prior Convictions | Mandatory Minimum Jail Sentence |
|---|---|
| 1 prior conviction | 45 days |
| 2 or more prior convictions | 90 days |
In addition to jail time and fines, a solicitation conviction can have other serious consequences, such as:
- Suspension or restriction of your driver’s license (if the offense occurred in a vehicle within 1,000 feet of a residence)
- Mandatory AIDS testing and education program
- Possible deportation (if you’re not a U.S. citizen)
- Harm to your personal and professional reputation
As you can see, a conviction for solicitation of a prostitute is no laughing matter. The stakes are high, which is why it’s so crucial to have a skilled defense attorney in your corner. At Spodek Law Group, we understand the severity of these charges and will work tirelessly to protect your rights and achieve the best possible outcome.
Defense 1: Entrapment
One of the most common defenses to solicitation of a prostitute charges is entrapment. This occurs when a law enforcement officer induces a normally law-abiding person to commit a crime they otherwise would not have committed.Entrapment can take many forms, but some common examples in solicitation cases include:
- An undercover officer initiating the conversation about sex acts for money
- The officer repeatedly asking or pressuring the defendant to engage in prostitution despite initial refusals
- The officer making the crime seem unusually attractive by offering a low price or claiming it’s not illegal
- Appealing to the defendant’s sympathy by claiming the money is needed for a sick child or elderly parent
However, simply providing an opportunity to commit the crime is not considered entrapment. The officer’s conduct must be so overbearing that it would induce a normally law-abiding person to engage in criminal conduct.Here’s an example to illustrate how entrapment might occur in a solicitation case:John is walking down the street when an attractive woman approaches him and starts a conversation. She quickly steers the topic to sex and John, feeling uncomfortable, tries to end the interaction. However, the woman is persistent.She tells John that she desperately needs money for her child’s medical treatment and offers to have sex with him for a very low price. She assures him that it’s not illegal and that there’s no way he could get in trouble. Despite his initial reluctance, John eventually agrees. The woman then reveals that she is an undercover officer and arrests John for solicitation.In this scenario, John may have a strong argument for entrapment. The officer initiated the conversation, used high-pressure tactics and false information to induce the crime, and exploited John’s sympathy. A skilled defense attorney could argue that the officer’s conduct went beyond simply providing an opportunity to commit the offense.It’s important to note that entrapment is an affirmative defense. This means that the defendant has the burden of proving that entrapment occurred. Doing so often requires gathering evidence of the officer’s conduct, such as recordings, witness statements, or police reports. That’s where having an experienced solicitation defense lawyer can make all the difference.At Spodek Law Group, we know how to investigate and gather the evidence needed to build a strong entrapment defense. We’ll leave no stone unturned in fighting for your rights and working to get your charges dismissed. Don’t face these serious allegations alone. Contact us today for a free and confidential consultation.
Defense 2: Insufficient Evidence
Another potential defense to solicitation of a prostitute charges is arguing that there is insufficient evidence to support a conviction. Remember, the prosecution bears the burden of proving every element of the crime beyond a reasonable doubt. If they cannot do so, you cannot be convicted.There are many ways that the evidence in a solicitation case may be lacking. Some common issues include:
- Lack of proof of intent: The prosecutor must show that you intended to engage in prostitution. If your words or actions are ambiguous or open to interpretation, it may be difficult to prove intent beyond a reasonable doubt.
- Lack of agreement on key terms: For solicitation to occur, there must be a clear agreement or understanding about the exchange of sex for money. If key terms like the price, specific acts, or location are not discussed, it may be argued that there was no actual solicitation.
- Lack of corroborating evidence: Often, solicitation cases hinge on the word of an undercover officer against the defendant. If there is no audio/video recording, witness testimony, or other evidence to support the officer’s claims, it may come down to a “he said, she said” situation.
- Credibility issues with the officer: If there are reasons to doubt the officer’s credibility, such as a history of misconduct or inconsistencies in their story, it can cast doubt on the entire case.
Here’s an example of how insufficient evidence might play out:Sarah is arrested for solicitation after a brief conversation with an undercover officer at a bar. According to the officer, Sarah agreed to have sex with him for $100. However, Sarah maintains that she was simply flirting and never explicitly agreed to exchange sex for money.There is no audio or video recording of the conversation, and no other witnesses heard what was said. Moreover, the officer’s report is vague and lacks key details about the alleged agreement.In this situation, a skilled defense attorney could argue that the evidence is insufficient to prove solicitation beyond a reasonable doubt. The lack of corroborating evidence and specificity about the key terms of the alleged agreement may be enough to create reasonable doubt in the minds of the judge or jury.At Spodek Law Group, we know how to spot weaknesses in the prosecution’s case and use them to our clients’ advantage. We’ll thoroughly analyze all of the evidence against you and work to expose any holes or inconsistencies. With our help, you may be able to get your charges reduced or dismissed based on insufficient evidence.
Defense 3: Lack of Intent
Building on the concept of insufficient evidence, another potential defense to solicitation charges is lack of intent. As mentioned earlier, the prosecution must prove that you intended to engage in prostitution. If your words or actions were misinterpreted or taken out of context, you may be able to argue that you never actually intended to solicit a prostitute.Here are some examples of situations where lack of intent might apply:
- Joking or roleplaying: If your comments about paying for sex were made in jest or as part of a consensual roleplay with a partner, you did not actually intend to engage in prostitution.
- Discussing prostitution in general: Simply talking about prostitution or its legal/social implications is not a crime. If your conversation was purely academic or hypothetical, you did not have the requisite intent for solicitation.
- Misunderstanding or language barrier: If there was a genuine misunderstanding about the nature of the conversation due to language barriers, mental impairment, or intoxication, you may not have formed the intent necessary for the crime.
- Vague or ambiguous statements: If your statements were open to interpretation and did not clearly convey an intent to engage in prostitution, the prosecution may have difficulty proving intent beyond a reasonable doubt.
Of course, arguing lack of intent can be tricky and fact-specific. Much depends on the exact words used, the context of the conversation, and any other surrounding circumstances. This is where having an experienced solicitation defense attorney can be invaluable.At Spodek Law Group, we know how to carefully analyze the evidence and build a compelling case for lack of intent. We’ll work tirelessly to show that your words or actions did not rise to the level of criminal intent necessary for a solicitation conviction. With our help, you may be able to avoid the harsh consequences of a criminal record.
Defense 4: Violation of Constitutional Rights
Finally, another potential defense to solicitation of a prostitute charges is arguing that your constitutional rights were violated during the investigation or arrest. Even if the evidence against you is strong, it may be suppressed (thrown out) if it was obtained illegally.Some common constitutional violations in solicitation cases include:
- Unlawful search or seizure: If the police searched your person, vehicle, or property without probable cause or a warrant, any evidence they found may be inadmissible in court.
- Miranda violations: If you were arrested and interrogated without being properly advised of your right to remain silent and right to an attorney, any statements you made may be suppressed.
- Entrapment (discussed above): If the police used overreaching tactics to induce you to commit a crime you otherwise would not have committed, they may have violated your due process rights.
- Selective enforcement: If you can show that you were targeted for prosecution based on your race, gender, religion, or other protected characteristic, you may be able to argue that your equal protection rights were violated.
Here’s an example of how constitutional violations might impact a solicitation case:Mike is sitting in his parked car when police officers approach and start questioning him. Without any evidence of wrongdoing, they order Mike out of the car and search his pockets, finding a condom and some cash. They then pressure Mike into admitting that he was planning to hire a prostitute, and they arrest him for solicitation.In this scenario, Mike’s Fourth Amendment rights against unreasonable search and seizure were likely violated. The officers did not have probable cause to search Mike or his car, and any evidence they found (including his statements) may be suppressed as “fruit of the poisonous tree.”At Spodek Law Group, we have in-depth knowledge of constitutional criminal procedure and how it applies to solicitation cases. We’ll carefully examine the actions of the police and prosecutors to determine if your rights were violated at any stage. If so, we’ll file the appropriate motions to have the illegally obtained evidence thrown out. In many cases, this can lead to dismissal of the charges.
Conclusion and How Spodek Law Group Can Help
As you can see, there are several potential defenses to solicitation of a prostitute charges in California. From entrapment to insufficient evidence to constitutional violations, an experienced criminal defense attorney can identify the best strategies for fighting these serious allegations.At Spodek Law Group, we have a proven track record of success in handling solicitation cases. Our team of skilled lawyers knows how to investigate these charges, gather exculpatory evidence, and build a compelling case for your innocence. We’ll work tirelessly to achieve the best possible outcome, whether that’s dismissal of the charges, acquittal at trial, or a favorable plea bargain.We understand that being charged with solicitation can be a frightening and stressful experience. Your reputation, your freedom, and your future are all on the line. That’s why we offer personalized attention, compassionate counsel, and aggressive advocacy every step of the way. When you hire Spodek Law Group, you can rest assured that you have a dedicated team of professionals in your corner.So if you or a loved one is facing solicitation charges in California, don’t wait another moment. Contact us today at 212-300-5196 for a free and confidential consultation. Let us put our experience, skill, and passion to work for you. Remember, with Spodek Law Group on your side, you’re never alone in this fight.