differs from state to state. In Va, Code section § 19.2-392.2. allows either after conviction under certain circumstances, or even as to the arrest records if the charge is dismissed. The statute requires removal/elimination of all records. One comment suggested an agency would retain them-if they do they are violating the law and the individuals at the agency that retain the records could be sued (a la Rodney King deprivation of civil rights). More typically, you agree to plead guilty to a much lesser charge and accept as part of the plea terms for good conduct for a period of time, perhaps attending some type counseling/class and satisfactory completion, and the prosecution of the more serious charge is deferred by agreement, and then ultimately dismissed if you satisfactorily complete the agreed terms. Once dismissed, the record fo the arrest can be expunged. If expunged, you do not have to answer yes to any questions or ever reveal it. Expungement means exactly that, expungement. But remember, laws differ in each state so check the relevant state (where you are charged). A good local defense attorney will know what type deals/arrangments the local prosecutors typically are willing to accept, you need someone with that knowledge to ensure you get the best deal practicable, and to insure you don't hold out for an unrealistic result.
Busted last week visiting a provider - incall sting. I was booked, processed and released the same day, and given a citation.
I'm not going to get into the details of how and where because my hearing is coming up and I don't want to reveal anything that would cause LAPD vice to mess with me.
My questions are:
1) I'd like to plead no contest. What is the difference between no contest and not guilty?
2) I'm thinking about going with a public defender - what are the risks of a PD screwing up and making things worse with the judge? Should I play it safe and hire a lawyer, if so, any referrals?
3) On the same note, what am I looking at in terms of fines, penalities, potential jail time?
I just want this whole fucking thing to go away, I'll do whatever necessary but I don't want to further risk compromising my family life.
Ex-hobbyist
knows the ropes for this type claim; he/she will know the prosecutors, spot the weakensses in their case (and there almost always are some, even if you are not aware), and know what is a good/bad deal to cut; then take their advice asto the type deal to cut; likely fine, probation for a period, and if you are lucky, agreement to expunge the conviction if you complete a "rehab course" and satisfactory probation period. But each state/court is different-that's why you need someone who practices a lot in the court you will be tried in - usually an ex-assistant prosecutor who knows the people in the office and knows who/how to cut deals. Won't be cheap in short run, but in long term will be worth it if record is expunged.
Show up on the citation date. Find out which deputy public defender will represent you. Speak with that person in depth. Ask for a copy of the complaint and police report. Put the pretrial hearing over to a date that provides you with the opportunity to check on your defender's reputation. Run your case by some established specialists for a nominal consultation fee at most. You'll know where to go from there.
The difference between a No Contest plea and Guilty plea on a misdemeanor prostitution charge: not much. If your car has been seized or there is any other civil action - No Contest plea might be significant.
-- Modified on 4/18/2005 10:44:37 PM
Thanks, for all the info.
Anybody have any good lawyer recommendations? This is going through Van Nuys, I believe.
First, you may not be eligible for a public defender. Second, get a lawyer who will read the police report and determine which plea is best under the circumstances. There is no other advice to be given as the problem is now related to what LE has said versus what you can demonstrate.
You should be careful of talking with the other defendants. It is not necessarily true that your interests are the same. Get yourself counsel today.
1) Pleading no contest is almost exactly like pleading guilty. The only difference is that, if you find yourself in court again in the future on some other matter, a guilty plea will be treated as an admission that you actually committed the crime but no-contest plea will not.
2) PD's are usually pretty good lawyers who don't deserve their reputation of being second-rate. The problem is that they have very heavy workloads and can't give clients as much time as a private attorney can - if you pay him enough.
Your case sounds fairly routine and I don't think a PD will plausibly make it any worse for you. A private lawyer might be better able to make things better, but it isn'tlikely that a PD will make things worse.
As another post has mentioned, you may not qualify for a P.D. Elligibility depends upon your financial resources, and if you can afford a lawyer you can't have a PD.
3. If this is your first offense you are very unlikely to get jail time. You might get comunity service, and a fine seems fairly certain. The bigger issue is that this will be on your record unless and until you are able to get it expunged later. Depending upon how you were charged, you might also have to register as a sex offender. This will cause very serious problems for you later and will almost surely become known to your family before too long.
Thanks for the info. I am looking for a lawyer, but am considering using a PD if I qualify. If you know of a lawyer you'd recommend, feel free to PM me.
It is definitely a first offense. You got me worried about the sex offender thing. I was booked under a "solcitation for prostitution" misdemeanor, does this require registering as a sex offender? If so, there must be a hell of a lot more registered sex offenders than I thought.
Good argument for retaining the best counsel you can afford. It's was my understanding that in Ca. if you are not destitute they will still assign you a PD but they will bill you if you are financially able.
More importantly, in your haste to get this behind you, you may enter into a plea agreement that may come back to haunt you later. A few thousand may seem like a bargain later if you can find an attorney that can make this go away permanently. Remember, you get what you pay for. Good Luck.
I know sideone knows this but his post is ambiguous. You cannot expunge the arrest/conviction from your criminal record. It is with you forever. What you can do, after probation and the passage of a year (I think) w/o further arrest, is to relieve yourself of the duty to report your record on a job application especially with a government agency. Were I applying to a government agency though, I would report the record as they will see it assuming they check.
That's just the way it is.
All fingerprints of arrested persons are filed in the NCIC computer in Morgantown WV and remain there forever. It doesn’t matter what the outcome of the charge is, your fingerprints are still filed in the computer. Theoretically that information is only available to government agencies. If you are asked if you have ever been arrested, you must answer yes. If the question is: Have you ever been convicted of a crime, that is a different story. Even though solicitation is a misdemeanor, it is considered crime of moral turpitude and can be a de-selector is a wide array of occupations. Prior to the Automated Latent Fingerprint System, ALPS, computer system, misdemeanor arrest fingerprints were only filed locally and went dormant after a certain period of time. Thanks to technology all fingerprints are kept in a national data base ad infinitum.
Actually you can get many convictions expunged - there is a one page form to make that request. This usually happens after probation. Getting a felony expunged is much tougher than a misdeminor. Also the rules for applying for a government job differ from a civilian job. For most government positions you need to disclose any convictions, expunged or not unless told not to on the paperwork (some after seven years they don't care).
Normally solicitation or anything associated with the hoby is not grounds for sex offender registration, but check with an attorney to be sure.
Please be careful when you usse the word "expunged". In general usaage, it means cleared away, gone. In this instance it does NOT mean that. The conviction and arrect are always on your rap sheet and in the public records, i.e., the criminal courthouse file is still there and available.
"Expunged" means only that you do not have to report it on certain job applications.
We've had this post several times before and it always confuses people, including some lawyers who've not run up against it in their practice.
And yes, it's only a one-page form. So?
differs from state to state. In Va, Code section § 19.2-392.2. allows either after conviction under certain circumstances, or even as to the arrest records if the charge is dismissed. The statute requires removal/elimination of all records. One comment suggested an agency would retain them-if they do they are violating the law and the individuals at the agency that retain the records could be sued (a la Rodney King deprivation of civil rights). More typically, you agree to plead guilty to a much lesser charge and accept as part of the plea terms for good conduct for a period of time, perhaps attending some type counseling/class and satisfactory completion, and the prosecution of the more serious charge is deferred by agreement, and then ultimately dismissed if you satisfactorily complete the agreed terms. Once dismissed, the record fo the arrest can be expunged. If expunged, you do not have to answer yes to any questions or ever reveal it. Expungement means exactly that, expungement. But remember, laws differ in each state so check the relevant state (where you are charged). A good local defense attorney will know what type deals/arrangments the local prosecutors typically are willing to accept, you need someone with that knowledge to ensure you get the best deal practicable, and to insure you don't hold out for an unrealistic result.
All well and good but the poster specifically said he was busted by lapd as in Los Angeles Police Department. The counsel given is that for California.
I have some recent experience with another incall event not in your state. While I was not arrested, I've learned some things that may be useful to you in California.
1. Get a criminal attorney, preferably one who is familiar with the Prosecution. It appears these guys maintain good professional, if not personal, relationships.
2. Trust the attorney you hire with each and every detail of the event. Don't hold anything back, tell him (or, unlikely, her) everything. Even if it seems irrelevant to you, it might be to your case.
3. Figure out what steps you will, personally, need to take to put this behind you. I find myself worrying every day about doing a "perp walk" where I work, even though I am not one of the people the prosecution is pursuing in this event, and also in spite of my attorney's reassurances. And I'm not a worrier, in general. I did read "The 25th Hour" (it's a great book and a great movie). I'm worrying about my event, and I'm not even involved, and it shows. Getting this expunged from your record may prove difficult--and this will come up every time you apply for a job. Your security clearance, if you have one, is history.
4. Be prepared to exit the hobby for a length of time. The prosecution may ask you to disclose who you've seen so they can pursue those people. Be sure that you'll be asked, as part of the resolution of your case, to name providers you've seen since your event. There's no way of the prosecution verifying your response to this, but why take a chance?
5. Figure out what you're going to tell your SO, even if you don't have to. You don't want to do this explanation on the spur of the moment, if it comes to that.
Best of luck.
-- Modified on 4/21/2005 3:07:46 AM
-- Modified on 4/21/2005 3:08:32 AM
Since I don't have a VIP membership (yet) I can't email you, but I think you can email me. I have a referal for you - comes highly recommended by a friend who has been an attorney locally for about 30 years.
You can just make a new one on yahoo or hotmail
if you are worried about using your email.
Referral: Call your county bar association for the referral. The county you curently reside in.
No Contest means you're convicted. Not guilty means you want a trial.
1) No contest pleas aren't admitted as convictions in civil proceedings. They are guilty pleas for all other purposes that I know of.
2) PDs are usually well-intentioned, overworked lawyers. I get a lot of business from those who have screwed cases up. I'd get a private lawyer if you can afford this hobby.
3) See above.