Hi there,
This is in regards to the Solitation of Prostitution arresst that occured in Los Angeles County (south bay) during the summer. This was my first arrest of any sort and to make a long story short my case was dismissed in a pre trial motion, due to a "lack of an element" in the prosecution's case. I really lucked out because I considered entering the Prostitution Diversion Program that was offered (as a first time offender), but my lawyer reviewed my case and kept insisting that would be a mistake to enroll in the Diversion Program since I had a good case, was not guilty of anything, and besides anyone who checked my public record going forward would see I had been arrested and participated in a Diversion Program. Plus If I ever applied for work with federal or a government program I would still have to claim yes to whether I was ever put on probation, etc. Employment applications are increasingly thorough in how they question your background. This was my first and last brush with the law. It is not worth getting caught up in the criminal legal system. Fortunately I had a good (competent) (and expensive) lawyer. The first lawyer I had spoked to had wanted to charge me two grand to plea no contest and enter a Diversion Program. The second lawyer I spoke to said for two grand he would get the charge reduced to moral turpitide or tresspassing. Both of these lawyers would have been mistakes. The lawyer I settled on seemed greedy at first , demanding more and more money, but after we had a frank discussion, we both seemed to be in synch and he seemed to go the extra mile for me. And for this I am forever grateful. And thanks all of you for your great feedback. Stay safe!Sinba
I am not familiar with the LA public records is your motion, the State's response and the judge's decision public? Would love to get a copy or the case number if available on line like some courts. But often the pleadings themselves are not.
It is easier for guys to get off depending on the evidence vs gals with ads, reviews etc.
If you have a copy of anything would love to read.
I also would be interested in hearing about the specifics of the case, especially the "lack of an element" issue.
I had not run into this for years but Phoenix pd arrested a protester at the last Project Rose roundup (take them to the Church and agree to six months diversion/indoctrination program on the evils of sexwork by Catholic Charities which raises lots of donations and grants to "save the prostitutes" Most arrested are in private consenting adults, not street hookers, no pimps.
I know a gal arrested under this Phoenix law which may be similar to the guy in LA but don't know:
Article IV of Phoenix Code "Offenses involving morals"
Div 1 - Prostitution and Fornication
Sec 23-52 Section 3 and 4 includes "aids or abets" prostitution and in a public place or in a car on a public roadway "manifests" a prostitution violation by engaging passerby in conversation etc. Even includes if asks a person if they are a police officer that is a "manifestation" of prostitution.
Municipal Courts only handle Class 1 misdemeanors (not higher) but prostitution whether under State or city code carries the maximum 15 days in jail on 1st conviction.