Newbie - FAQ

You should get a lawyer! (eom)
WildTurkey-101 141 Reviews 1376 reads
posted


END OF MESSAGE

freedomchild3010 reads

I used to be an escort but sadly got busted...
I got a tickect for sexual solctaion
and already attened court once.. They ordered me to take an aids test which turned up negative..and I HAVE TO SHOW back up to court at the end of the month...
I was just wondering if theres anyone out there who has been through this before and if u served any jail time?!!
I"ts my first offesne like this and am just very worried..
any advice would be helpful

that so many different courts, judges, probation departments, and DA's handle this thing that there is absolutely no way that you should ever follow any advice that you get on a national posting board.

The only advice you can possibly rely upon is whatever you get from a local attorney.  Please use one or the rest of your experience with this will be filled with even more anxiety and possible heartache.

Good luck.

escort4u2c691511 reads

Definitely retain the services of a qualified attorney.

You may have to pay a fine.

If it's your first offense have your lawyer plead it down (you don't want a prostitution charge). If you are convicted of prostitution, the charge will appear on your criminal record, which can be damaging when you attempt to obtain employment, housing and education opportunities.

Good luck with everything...

Turkana1519 reads

a friend of mine, an escort, was busted, charged with prostitution.  She got a good lawyer, and as a result (1) she never had to show up in court; and (2) the charges were dismissed and the record was expunged (i.e., erased - no record at all).

Repeat:  get a lawyer.

GaGambler1702 reads

Get a lawyer, Get a lawyer, Get a lawyer.

meettheman1669 reads

Follow the advice here from others and GET A LAWYER. Lawyers know the system and to some extent how to get it to work for a client or at least to minimize the impacts of being involved in it. You should have asked the question before the 1st appearance as that is when you have the best time to cut a deal.  The APP or ADA assigned to the case probably is just out of law school or in some states is still in school and has been assigned 3x the files he can handle.  Anytime he can cut a deal and close a file quickly is a big plus.  In my practice, I did not do crim law but sat in on hearings and appearances and saw others in your situation who were represented. With a decent lawyer, a low level plea, a fine, maybe some community service and some probation period, especially on a 1st office. Unrepresented, duck the book can hit you in the head.

Possibly, if in a major city and others here in the same city, someone can recommend someone who has helped them and had a positive result.  As with any profession, there are good ones and bad ones and maybe you can use TER in a way to help.

freedomchild1045 reads

Hi everyone thanks so much for the advice!
The thing is I dont have the money to get a lawyer Now that I cant escort anymore..
I already went to my first court  apperance and the already dropped one of my charges..without me having a lawyer present.
I only got sex solction and not a prostuiton charge.
I complied with everything the judge told me to do Now I just have to make my second apperance.
I was just wondering if I will serve possible jail time.. I"m really just hoping to pay a fine and get probation...
The stress of it all just gets me down.
I dont have the money to talk to a lawyer..
Thanks for all of your advice
xox

tokai1128 reads

My guess is that at the first court date, either:

1) The police officer did not show up; or
2) You were given some type of suspended sentence.

Otherwise, there did not seem to be much reason to continue the case.

Since they dropped one charge, I'm guessing they gave you a suspended sentence. If you complied, they may even drop the solicitation charge at the second hearing.

All this stuff goes on your record in case you are arrested again. The second time, they will be harder on you.

Think of it as a stern warning. Cutting a first-timer some slack. This way nothing goes on record as a conviction that you may have to tell potential employers, etc.

You may want to go back to the courthouse and ask the clerk to look up your case. They might be able to explain to you what happened at the first hearing, and what the court ordered you to do. You don't want to miss something by accident. When you go back for the 2nd hearing, you want to make sure you did everything the court told you to do, and if possible, bring evidence (i.e. if they told you to go see a counselor, bring a note from the counselor).

Just a guess. You should get a lawyer though. If you have time, see if there is a free legal aid society at the court house, or in the phone book. They might be able to give you some advice.

meettheman1387 reads

Check to see if the Public Defender can handle the case in your state. You have a constitutional right to counsel in a criminal case and if you can not afford one, most states will provide a public defender.  Also, many states have a requirement of pro bono or aspirational goal of pro bono for every lawyer in practice. You may find one who will be willing to meet the state's pro bono requirement/aspirational goal with your case.  Check with the local legal aid societies though most do not handle criminal matters being funded for family related issues such as divorce and landlord tenant. A good place to start looking for help is with the state bar association which is not the local pub.

My sole tip is:
DO NOT MISS YOUR COURT DATE!
Show up early. Yes, court will not start on time and you will be waiting around for hours for only a few minutes before the judge, but better to be bored than to have a bench warrant because of your FTA. FTA is lawyer-speak for Failure to Appear. In some instances, the FTA can actually be a more serious offense than the charge on which you were supposed to appear.

OK, I have a few more. Dress appropriately. Jeans and flip-flops aren't appropriate, even in Southern California. Don't show cleavage. Cover up the tattoos and take out the piercings. The piercings will set off the metal detectors anyways when you enter the building. Take the gum out of your mouth and turn off your cell phone. Refer to the judge as Your Honor. When the judge asks you a question, speak slowly, loudly, clearly, and respectfully. Not just for the judge and the attorneys, but also because there's a court reporter or a tape recorder taking everything down. Only speak when you are prompted to. Court isn't the time to jump up during a prosecuting attorney's recital of the facts and say, "That's bullshit! She had it coming when I hit her!" There's that court reporter who just recorded it and it will be used against you. Oh, and the bailiff is now real unhappy. And you've made the only person in the room who matters unhappy, the judge, because he's got another hundred matters to get through and your outburst hasn't added anything but instead taken up valuable time. Yes, these are all simple minor things that should seem obvious, but I've given up on assuming people should know the obvious. At the misdemeanor level, impressions count a lot, since the judge will have very little information and spend minimal time to evaluate you.

Has the court appointed a public defender, contract defender, legal aid, or some sort of lawyer for you? By the United States Constitution, a person cannot be imprisoned unless he had counsel at trial or he waived his Sixth Amendment right to counsel. Since traffic tickets are fine-only offenses, there is no US Constitution right to an attorney for traffic court, though there may be a state constitution right. A court-appointed lawyer probably can provide better legal advice than strangers on the Internet, particularly since you haven't said which jurisdiction you're in.

Retaining your own attorney may or may not be better. I have seen far too many times where a person would have been better served by an experienced public defender than the shyster he  found in the yellow pages. But public defenders have crushing caseloads, particularly for misdemeanors, so often for misdemeanor clients, there's no meeting until the court date, and even then, it's a brief 2-minute encounter. Definitely not reassuring or comforting for a first venture into the Kafka-esque labyrinth that serves as the criminal justice system in the United States. If you need help finding a criminal lawyer, do an internet search for a lawyer referral service in your area. Usually, the local bar association will have setup a phone line to get referrals to local lawyers.

Let's see... what else. Keep all your paperwork. Make photocopies of anything the court gives you, in case you lose it. Don't assume. If the court asks you to do something and you don't understand, find someone to explain it to you. You don't want to violate your probation. PROBATION DOES NOT MEAN YOU ARE COMPLETELY FREE TO DO WHATEVER YOU WANT. People just hear the judge say the fine and the "You're free to go," but then get in trouble because they forgot to go to the classes, show up for the drug testing, or whatever. Probation means that you are released subject to certain conditions. You want to satisfy those conditions. Not just to stay out of custody, but also when you want to get the conviction expunged. By the way, expungement does not means it's gone or sealed forever. Any background check will reveal it.

Oh, and one last thing. Say thank you to your attorney if you think your lawyer has done a good job for you.

Register Now!