I posted this on the general board and it was, rightfully, suggested that it should go here. A friend of mine was recently arrested in Los Angeles on "suspicion of prostitution" This was her first such offense (she has a couple of traffic tickets and one DUI). What should she expect? Is this a felony, might it involve jailtime, will it prevent her from ever carrying a professional licence, or might it be simply dismissed. If it is dismissed, what does that mean. I'm wondering waht the attitude and normal punishment and prcedure is in LA. Any input would be greatly appreciated.
Solicitation (the legal term for prostitution) is a misdemeanor. It is very unlikely a first offense conviction would involve jail time, although it is possible. Nonetheless, she should hire a criminal attorney, preferably one who handles this type of matter. You can probably obtain referrals from the Board. Although a minor offense, solicitation is considered a crime of moral turpitude, meaning that a conviction WILL affect her ability to obtain some types of professional licenses, including a notary commission, at least for a while. If she is considering obtaining a professional license, she should talk to the licensing authority/agency now because if it will affect obtaining a license, she may be more likely to hire a competent attorney now. She should not talk to the police, the DA, or anyone else until she has counsel - there is nothing she can say that will help her situation, but there is a lot she can say that will make a conviction much easier.
...Penal Code Sec. 647(b), "disorderly conduct (soliciting)." This is a misdemeanor, NOT a felony. The first pop is pretty much always probation and a fine, with no time. Sec. 647(k)(2) provides that the third conviction is a mandatory minimum of 90 days jail time. If the case is dismissed, it means she has no record. She MUST talk to a lawyer about this.
A provider I knew was advised by her lawyer to plead guilty, paid a fine, got two years probation, and did freeway trash detail for a month. The second time she paid a fine, got two years probation, and the lawyer had sex with her after the court hearing.
You said this person was arrested on "suspicion of prostitution". That is not solicitation as far as I know. (But, I'm not in Los Angeles and laws are so different everywhere). Solicitation is an actual offer or agreement to an offer of prostitution. I would think a charge of "suspicion" would be different and may mean that they don't have a lot of evidence to support an actual charge.
Would love to hear more thoughts on this.