Every person who commits any of the following acts is guilty
of disorderly conduct, a misdemeanor:
(b) Who solicits or who agrees to engage in or who engages in any
act of prostitution. A person agrees to engage in an act of
prostitution when, with specific intent to so engage, he or she
manifests an acceptance of an offer or solicitation to so engage,
regardless of whether the offer or solicitation was made by a person
who also possessed the specific intent to engage in prostitution. No
agreement to engage in an act of prostitution shall constitute a
violation of this subdivision unless some act, in addition to the
agreement, is done within this state in furtherance of the commission
of an act of prostitution by the person agreeing to engage in that
act. As used in this subdivision, "prostitution" includes any lewd
act between persons for money or other consideration.
You say there was "zero evidence" however you were charged on this count and not just booked. The prosecutor must have thought that there was sufficient evidence to charge you (phone calls, emails, evidence of your profession via your website - if any. There are plenty of ways for them to "connect the dots"). Of course they could also simply be lying about it to try and hassle you into a conviction. That's certainly happened before.
I don't know what the circumstances of your case were but I believe that people must be very involved with professionals they pay to take care of them. I insist on discussing everything that my doctors want me to do or medicine they want to prescribe. If I were ever in trouble with the law I would do the same thing with my attorney - even if it meant sitting in his office waiting for him to come back from court. I wouldn't ever accept a "blow-off' type of response from him or his assistants.
an attorney that ripped me off? here is what happened
attorney said $3500(pre-trial flat rate)
I gave $3000 up front & agreed to pay small $500 balance after case closed
the charge 647b 1 count, no prior
there was zero evidence just "an accusation of a thought"(intent)
I requested attorney to make motions to dismiss case
1) police misconduct(cop was drunk & a pervert)
2) no evidence
3) matter of law ; how does meeting for snacks in a public resteraunt equal prostitution?
short of the story;
the attorney tried to trick me into buying a one way plane ticket cross country to go to jail.
the attorney damaged my case and finacially broke that I could not afford another attorney to fight this
found out the attorney lied about his court appearances refuses to give me a statement showing wear my money went
Winning a motion to dismiss on the grounds you listed is extremely unlikely. Whether to try is a strategic choice and attorneys get to make these choices even when the client disagrees. If the court did not dismiss after the prosecution presented its case at the prelim then the judge has already found there to be enough evidence to bring you to trial, so it would be very difficult to go back and persuade him that he was wrong.
If the attorney charged you a flat fee then he doesn't have to give you an accounting. It all went into his firm's coffers.
I don't know why you believe the lawyer tried to trick you or that he mishandled your case, so I can't say if you are right or not. If he really messed up then you can argue for a refund and report him to the bar.
You could sue for malpractice, but to show malpractice in a criminal case you have to prove that you are innocent of the charges. I remember you saying in earlier posts that you pled guilty or nolo, which basically means you admitted the charges are true. Proving your innocense after admitting your guilt in open court would be almost impossible, so I don't think you could win a malpractice case.
You could also sue to get your fee back, but don't bet on the judge being sympathetic to you unless you can point to specific facts showing that the lawyer really screwed up.
I wish I could be more encouraging.
Sidone is correct. However, is the attorney a Callifornia lawyer? Did you have a written attorney-client agreement of was it oral. (The bar has requirements for fees in excess of $1,000 in CA) Is your argument that he did little to earn the $3,500? You MAY have an argument in quantum meruit. Just maybe. This stuff is not easy tho', believe me and I do legal malpractice
thanks so much,, that is so unethical that an attorney can take a client's cash and not even provide middle of the road service
he did nothing except detroy a very easy case
Unfortunately I've found many a lawyer who charge outrageous amounts and do very little productive or valuable work.
Every person who commits any of the following acts is guilty
of disorderly conduct, a misdemeanor:
(b) Who solicits or who agrees to engage in or who engages in any
act of prostitution. A person agrees to engage in an act of
prostitution when, with specific intent to so engage, he or she
manifests an acceptance of an offer or solicitation to so engage,
regardless of whether the offer or solicitation was made by a person
who also possessed the specific intent to engage in prostitution. No
agreement to engage in an act of prostitution shall constitute a
violation of this subdivision unless some act, in addition to the
agreement, is done within this state in furtherance of the commission
of an act of prostitution by the person agreeing to engage in that
act. As used in this subdivision, "prostitution" includes any lewd
act between persons for money or other consideration.
You say there was "zero evidence" however you were charged on this count and not just booked. The prosecutor must have thought that there was sufficient evidence to charge you (phone calls, emails, evidence of your profession via your website - if any. There are plenty of ways for them to "connect the dots"). Of course they could also simply be lying about it to try and hassle you into a conviction. That's certainly happened before.
I don't know what the circumstances of your case were but I believe that people must be very involved with professionals they pay to take care of them. I insist on discussing everything that my doctors want me to do or medicine they want to prescribe. If I were ever in trouble with the law I would do the same thing with my attorney - even if it meant sitting in his office waiting for him to come back from court. I wouldn't ever accept a "blow-off' type of response from him or his assistants.
you can take action in small claim court Send a letter to the bar and better bus bur this type of lawery does this and does not think you will do anything Due to the chargedo you agreement in writeing also was good to have Did you get statments of how time is billed I think if you were did this you would not have a problem Stand up for your self This drives me nuts when you do not follow just common sense
taking a "lawyer" to small claims court gee i guess the scales would be a little tipped,,that is like you comprting with an olmypic gymnast in a cartwheel contest
Suing the lawyer isn't the lost cause you seem to think it is. If all you are claiming is a breach of contract and you can show that he didn't do what you paid him to do, you should win. Your argument would be more about facts than law, so his advantage wouldn't be as great as you believe. The statute of limitations for such a case in California is three years.
You could also claim malpractice but, as I said earlier, I see little chance you would succeed. The statute of limitations here would be 1 year.
thanks sidone, okay it has been less than 2 years, so can i write him a letter demanding a refund because he did absolutly nothing for my case? we agreed a flat rate but he did nothing he did not provide even "middle of the road service" he took a case of ;1) he filed zero motions to dismiss my case(I gave him 5 strong motions for dismissal)
2)he missed court dates( i got in trouble for)
3) he refused to keep me informed
4) he flat out destroyed a simple case there was zero evidence & i had a clean slate
5) the entire case revolved on a claim of mindreading because there was no violation of the law according to the police report
The second and third items you list seem like substantial breaches and might well be enough to win a breach of contract claim. Saying he "flat out destroyed a simple case" is an opinion and not a factual statement. If I knew more about the facts I might be able to say whether I agree with you. I have pretty much the same answer for your statement that the police report showed no violation, because if that were really the case the judge probably would not have allowed you to plead to anything.
Not bringing a motion to dismiss won't cut it because laypeople (I suppose that's a REALLY poor choice of words on my part... 
) are usually wrong when they think they know what the lawyer should do in court. I mentioned in a prior post that motions to dismiss are hard to win, especially if you have already had your prelim and have been bound over for trial.