I am celibate for 10 years but want a nice man in my life.. had aquiet personal ad with a pretty picture of my face.. A nice amn courts me & finaly agree to have lunch..he drank 2 beers I had 1 glass of wine that i did not finish,,he was so sweet & polite Iwas going to leave but tipsy he said we could chat  abit at his place next door,,I said Okay,,,, thne once he got me in place door locked & he changed into aggressive man ,, I could not get away or fight him off.. so i remained calm,,I ignored his inappropriate behavior he got angry... then cops bust down door & arrest me for 647B,,,no $$$$ even disgust or taken..I have not even an overdue library book,,,,theDA won't budge & threaten jail time help,,no Miarnda rights either

Hi cathyb,
I am very sorry to hear about your mis-fortune. At this point, your top priority is to retain a lawyer to help you with your case. You should also mention to your lawyer about not given your Miranda rights at the time of your arrest. Next time, be very careful about where to place your ad and take things slow. Good luck.
just4funindfw

You are here on this board so I'm going to assume that you are a provider.  Do you have a previous arrest record?  Sorry but the details of your story are not making a lot of sense. In any event, this is an issue for legal council, not much we can do for you here...

Try again.  Your story makes no sense.  

You posted an ad? Where? Craigslist?

The cops bust in the door (cause you are screaming?) and you get taken in for '647b' (whatever that is)??  Yeah right.

I am also a little confused. You do have an attorney, right? If not, retain one.

You've been arrested for prostitution:
Los Angeles Prostitution Lawyers
California Penal Code 647 (b)

California law defines two primary prostitution offenses: solicitation of prostitution (which is offering to engage in a sex for compensation arrangement) and engaging in prostitution (which is actually engaging in a sexual act in exchange for compensation). Both are found in Penal Code Section 647(b).

The punishment in California for engaging in prostitution can include probation, fines and up to a year of county jail. Conviction for a second offense carries a minimum 45 days in jail, 90 days for a third offense.

The Jury Instruction Defining Engaging in Prostitution:
California Penal Code 647( b)

The defendant is charged under Penal Code Section 647(b) with engaging in an act of prostitution.

To prove that the defendant is guilty of this prostitution offense, the prosecution must prove that the defendant willfully engaged in sexual intercourse or a lewd act with someone else in exchange for money [or other compensation].

A lewd act means touching the genitals, buttocks, or female breast of either the prostitute or customer with some part of the other person's body for the purpose of sexual arousal or gratification of either person.

Payment Does Not Need to Be Made Directly to Person Doing Act. For example, payment could be made to a pimp or other third party responsible for receiving the money for the prostitution transactions.

LE loves to sting CL.  If you've been stung, they'll have recordings &/or video.  All the email messages.  
I don't know if I believe you, if you are niave, what ever.  But you should immediately get a lawyer to minimize the consequences.  A lawyer can review what ever "evidence" they think they have & be able to give you specific advise.  
skb

-- Modified on 1/12/2009 4:14:53 PM

ok sounds a little confusing but here is what i can tell you from my several brief encounters with the law. i am a hobbyist so my crimes where of quite a diffent nature.  Let me start by telling you i was guilty as hell which added to my anxiety over sitution and if was not for solicitation(worse).  It sounds like you are still pretty anxious so if you do have a lawyer it doesnt sound like he doing much to put you at ease.  If it is really important to you that this goes away it may be possible to do just that.  First fire your current lawyer then hire the last guy that was The State's Attorny where you live.  Most will go into criminal law after serving there terms.  It is very important to hire  the most recent states attorny not the guy who had the job 10 yrs ago, you want someone who still has friends in the office.  Even though your lawyer wont admit this out loud it can be the difference between case dismissed and jail time(it was for me).  One final pill to swallow, be prepared to pay double whatever your paying your current lawyer if you have one.

It's very important that you confide in your lawyer.  Don't try to minimize events, or paint yourself in the best light possible by leaving embarassing details out.  You can tell us whatever you want; but your lawyer needs every detail to help you; and whatever you tell him is kept in the strictest confidence under attorney-client privilege rules.

And don't fire your attorney just because some non-attorney on here tells you to.  Former state prosecutors are no more qualified than other criminal defense attorneys, and could just as easily sell you out to their buddies in the prosecutor's office as any other lazy attorney (maybe even more so).  Remember that these former prosecutors are the same ones that earlier would have been trying with all their might to put you away--whether they believed you were innocent or not.  Of course some former prosecutors are just and ethical, but don't presume that just because they are former prosecutors that they are either.

You must feel comfortable enough with your attorney to tell him everything.  If you don't feel that comfort level, then think about alternate counsel. Good luck.

Yes it was only a date site, I am NOT a provider In any way, I was accused of being a hooker.. & not CL, I have been re-searching about stings (found this site) & don't know all the lingo,,but no reviews of me . No prior arrest
I was NOT screaming, I was sitting there looking frightend & confused it was (date Rape situation in my mind),, no audio Or video,,LE said it broke

yes, this was the most extreme & disturbing case i have researched,
I honestly believe, that the COP, saw  a "pretty demure picture" of an innocent & sweet looking lady, trusting & kind & nice to everybody  ,,clearly not doing anything wrong, used this at a chance to PREY ...have fun ,drink beer, be forceful & decetiful under the guise of police work!!! then illegally arrest & lie,,I am clearly not street wise & have no dealings with this type of system...so i guess I am screwed

First of all: don't listen to guys who think the DA's office prosecutes prostitution cases (see above post). Those are misdemeanors, and the County Attorney's office deals with those, not the D.A.  Second of all, don't listen to anyone on here, including me, but especially the idiots who don't know what they're talking about. Get your answers from an attorney whom you pay and whom you can sue if he gives you legal advice that is not correct.  You can't sue any of the pseudo-lawyers on here, and you can't trust their advice.

You must not try to do this alone.  If your e-mails were innocent, truely no recordings, no Miranda, just the word of one cop...  
So the cop may not be truthful...  the lawyer is needed to protect your rights & challenge the lack of evidence.  
skb

my email was so innocnet,, not a single word or picture that was not "G" rated,, in fact to even set me up proves total perversion on the COP part, it reminds me of a sex offender saying a child looks sexy

If the door was locked, how did the police enter? Please don't tell me the police actually kicked down the door.

If your story is indeed true, call an attorney. IMMEDIATELY. Even the "real" laywers on this board cannot help you. Your story has a lot of holes in it. I don't care personally if your story is true or not, but do yourself a favor,lie to us all you want, but tell your attorney the truth. Don't lie to your doctor or your attorney. If you feel you must lie to him/her, get another one you feel you can trust.

One thing to get over is dwelling on the Miranda warning issue. If they simply arrested you on evidence they already had, they ARE NOT required to Mirandize you. Miranda is only required prior to questioning AFTER the arrest has been effected. Anything that transpired prior to the arrest is fair game and not subject to Miranda.

my story has no holes, It is just very extreme & I have not listed every  tiny detail,
they had a key (looks like credit card)
I was searched, my car searched, & questioned for an hour w/no miranda,,they found no evidence other than  possesion of cell phone.
I am not lying, I am NOT a provider..there was no talk of money.. the Cop stated saying "lewd things" but I ignored & changed the subgect. there are no tapes, either, they said "it broke"
I just cannot understand how this case would be so difficult to defend,,why not motion to dismiss. police misconduct, insufficient evidence violations of rights,,etc.... no where on Report do I see a violation

Actually, this sounds to me like something Vic Mackey, the lead character in a show called The Shield would do.  If he's in trouble, he will always spin it so someone else takes the fall.  It sounds as though that's what this cop is trying to do, and like Vic, he probably has plenty of friends who will help him out.

The best thing to do is to follow the advice you've been given repeatedly here.  Get an attorney.  I THINK, though someone else will correct me if I'm wrong, that if they arrested you it means the court has to appoint one for you if you have no money to retain your own.  Make use of that and try to get out from under.

I wish you well.

Yes & thank you to everyone,
I live out of state far way (was in CA for 3 weeks on  legit BIZ)
I got attorney he took my $3500 & did not show up to court, then told them I would gladly serve 10 days in jail,,, so I got another & he took $2500 wanted me to plea out.... that is were I am at..I just don't understand how there is even a case....... & my $$$ is tight.. no prior &  it is impossible to come out there & fight this, so i am trying to look at options of maybe just plead guilty & expunge later as I have no prior & no social life

get a criminal attorney and give them every last detail that took place.   I cant speak for everyone but i have had a personal experience that hiring the x da did make a difference.  It was only a misdemeanor charge but at the time could have kept me from getting a medical license.  Yea the current DA'S dont prosecute most small cases people who work for them do. To me it was worth "overhiring". (my case was mysteriously dimissed).   If you do nothing else goe a criminal attorney,

I did hire a former prosecuter DA & he took my $3500 & ran
so i got #2 he took $2500 & wanted me to plead guilty ....NO way..I also have a professional license & it will ruin my life attn.#3 is giving me options,,, but they are not that good either & I cannot understand the WHY? of this case & LE would look very bad at trial...the cop drunk, eat prime rib.. & me not taking any money & the search with No Miranda & taking my cell phone????? plus no evidence except possecion of cell phone if that is evidence?????

Find a lawyer willing to try the case, and go for it.  Sounds like you've already spent as much as what a trial would cost.  Win or lose, at least you will have had your day in court--and it may change prosecutors' attitudes on pushing cases like this.

I have an attorney  #3 that wanted to do exactly that....& blow up my G rated AD  for the jury. to view.....
My problem ,I am now broke & live 3000 miles away, I spent over 10 grand so far,,, & more for a trial & the cost of flying out there ( on their time schedlue) you don't get good air rates  & how do I explain I need to leave & what if I lose & get jail time? which is what they are threatening?????

Whether you take it to trial, or work out a deal, you're going to have to return to court anyway, or face bond forfeiture, which adds even more problems to your plate--you don't want to be a fugitive.

So you have to go back.  And if you and your lawyer think you can win, go for it.  Even if you lose, as this is apparently your first brush with the law, the jury will have to give you some type of probation.  I very highly doubt you would get jail time--unless you fail to return to court (see above paragraph).

I also doubt a prosecutor would push this all the way to trial--why would they spend the money to try you only to get a probation sentence or acquittal out of the jury? They have almost as much to lose as you do.  If they know they have a lousy case, they can huff and blow and scare you all they want, but they're not likely to risk a trial that would make them look bad before the court.

More than likely, they're aware that you live 3000  miles away, and they're banking on the prospect that you won't return to court on your court date.  I have found in my experience that most misdemeanor defendants who move to another state, very rarely return for their court date.  They just stay out of that state where an arrest warrant awaits them.

So you can call their bluff (and that's what it is if the facts are all as you say) and return to court, or you can be a misdemeanor fugitive in that state.  No other state will extradite you back just for a misdemeanor.  Good luck.

you have given is that you date turned out to be undercover LE and he will testify that you offered to perform sex for money. So that is the evidence and that is all that is needed to convict you if the jury believes him.

They don't need any corroborating evidence. That is your ad may be a legitimate personal ad is beside the point in light of his testimony. The absence of Miranda warnings likewise will not keep out his testimony and will only permit suppression of what you told them after the arrest and the fruits of your statements.

So it seems like it really come down to a credibility contest between you and the undercover cop.

in the first draft.

1) Ca. law, if 1 qualifies (do not have to return to state) as long as you have legal representation.
2)marigod has a good summary,;
my question why on Earth would make a cop  set up a lady from a dating site???? that looks & acts like a prude..
& go the extent to lure to a lunch date, eat prime rib,drink alcohol, then behave like a  date rapist to try to get someone to commit 647B, they don't have a tape  of an aggreement  & I never took any money or even said I would,, and I clearly tried to ignore him, change the subject when he became foul, & was trying to leave...he was being very aggressive towards me.. I have no prior...plus I am 40 & a professional so what motive????????????

Marikod is entirely correct, I think, to suggest that the officer's testimony is all the evidence a jury will need to convict cathyb if the jury believes his testimony. I also agree that the case will "really come down to a credibility contest between [defendant cathyb] and the undercover cop." But I don't agree that the personals ad and the lack of a Miranda warning are entirely "beside the point." The content of the ad may make cathyb's trial testimony seem more credible. And the fact of questioning without a Miranda warning, and thus a departure from what most of us view as proper police procedure, may make the officer look less credible.

When I said the personal ad content and the lack of Miranda warnings were "beside the point," I meant they would not provide any type of absolute to defense to Cathy, In her earlier post she had asked why she could not simply file a motion to dismiss based on these facts.

Certainly in the trial of the case the content of the ad is admissible and important evidence to sustain her story. Less certain is whether the failure to give Miranda warnings is admissible, since she could suppress all statements she gave in custodial interrogation and the failure would not be relevant to the other issues.

   If the cop testified "I followed all procedures" it would certainly be admissible to impeach, but otherwise I could see the judge excluding it. I'm not sure that failure to give Miranda bears on credibiity in and of itself but I can see your view.

Either because they choose not to, or because they mistakenly believe they don't have to.  Better double check with your lawyer, or better yet, check with the court -after all, your attorney doesn't lose anything if you bond forfeit, you do.

He can appear for you at pre-trial and other preliminary hearings, but you have to show up for trial.

You can check his prior work history and performance, how many prostitution arrests he makes, how often he has had to testify, etc....
Chances are there might be other cases like yours where the cop misbehaved.  Just like the O.J. lawyers, show how bad the cops are. A good defense lawyer could really embarass the cop with questions like: how often do you drink alcohol when making arrests?  did you enjoy flirting with your suspect?  etc...

Sounds like a dream case for some aggressive defense attorney.

you are so smart,
could not have said it better,
I see this prudeish personal ad of a pretty demure lady & wonder why anyone would think "wow looks like a hooker I should set her up"  then lure someone to lunch .prime rib & drink alcohol, & try t get the lady to drink....next.. behave like a gentleman until you get the lady into a vulnerable place that she cannot escape...then turn into perveted monster,,use lewd words & act angry when she does not respond,, then go ahead & arrest her anyways.. ..... Why do a sting of this magnitude & not bother to tape with audio & video???? why no evidence???? how come lady did not take any money??..that seems pretty basic IF someone is guilty  I would think they would at least get them to hold the money????? gee they even searched the car & lady & all they found was a cell phone??????

I was told it is called "trial in abstentia" however, i would wnat to tell my side of story as I know it would be huge in my favor. also you don't have to show up for the hearings etc.. & why would they pursue this case??? it is not winnable for them? It seems like it should be dismissed for many reasons, miscondict, insufficent evidence , no violation etc..

I read LE's report & I could not find any fact that constitutes the charge, the cop admitted that I "refused money" and
stated
she asked me "what type of music  do I liked?"
I(cop) responded by " Don't you really want to know what type of BJ I like?"
"she then put on lipstick which means she was getting ready for my BJ"





.....how is all this evidence?????of 647 b
givern the scenario, technically anytime a person meets for coffee or eats lunch, or goes on a date with soemone it could easily be 647b..
every pertson on this earth is commiting 647 b

this is not the act of a single rogue cop.

By her own words;
"then cops bust down door & arrest me for 647B".

She later goes on to explain that the other cops had a key. So this is not a case of her word against his, it's her word against several members of LE, and it's the reason I don't buy her story myself. Personally I think the entire story is a fabrication.

yes, there were 2 other cops turns out they were spying on us at the resteraunt (they were also listening via (mic), the cop gave a code word & they unlocked the door & popped in...there was suppossed to be a tape yet they said (it broke) i guess since i never agreed to any offer or did anything illegal they said "It broke" therefore no tape.....no reason to make this up...I have paid lots of money on attorneys & am trying to figure out an option of how to procede, yes this case is extreme,I am just picturing a jury,,so mr Cop you were looking at a demure pretty lady who clearly says she is looking for a non somoker etc... & you thought what??? she is a hooker??? & you decided after acouple of weeks of saying what agentlemn you are that if you could get her to meet for lunch & you drink a few beers & encourage to drink wine & get her tipsy that then get her to hang out at your place a bit until she can drive...then you must badger as she was deperatly trying to change the topic to your rude comments.. & you get angry & arrest for & say she has commited 647b....yet she has no motive for 647b is 40/professional/ no prior/ & is too stupid to take any money for her so called hooking??????????????

his "word only" is not proof, why don't they have some supporting evidence... it seems every case has some proof,ie: they took money, revealing ad, aggreement on tape & act of furtherance.. (rather than someone joking around)
but... selecting 1 lady because she is (sweet looking) seems unfair,, then I could say it appears you cheat on your taxes, you look like you take drugs..you cannot convict someone of a crime and ruin there life based on they look like a hooker because (they actually look like a prude)..which is what the report said.."she looks like a hooker"  I am sorry my hair is in a librarian bun & I wear Amish conservative attire

Unless the undercover guy was wearing a wire, how would the cops know there was any reason to break in when they did?

And why bust in if they had a key?

They could not break in without a warrant or some other basis for probable cause and, in most if not all states, a misdemeanpr must be witnessed for a warrantless arrest.

But, absent a wire, only the guy in the room could testify she offered sex for pay. So that is why I said it amounts to a credibility contest between her and the undercover cop.

again there wer 2 other cops spying on us at the reasteraunt & assume he was wearing a mic/wire
at his condo next door the other cops used akey to pop in I assume he must have either used a code word ..there was supoosed to be an audio tape,,yet in discovery they said "It broke" hence no tape at all..I assume no tape because no crime committed

are virtually nonexistent. I'm sorry but the facts as furnished by the poster just don't add up for me, including her accidental finding of this site.

This just doesn't pass the smell test to me, and if on the off chance there is any truth at all to the story and it is a real case, it won't fly with a jury either.

and this site was on 20/20, 48  hrs on of those shows recently, & I have explained those details about the so called tape "breaking"..I would love to take to trial,,& then sue LE for illeagl arrest & malicous prosecution... but again I am 40 & professional & do not need the attention..
and there is no reason to make this up,,why?????

Of course the cops had a wire or a recorder.  

In her own words: "no audio Or video,,LE said it broke".

Why would the cops admit to HER that they had lost their best evidence; either they are lying to her about it being broke, or they have it.  If they have it, they have to produce it at discovery.  If they don't have it, the prosecutor will have to explain to the jury why his police officers are such bumblers.

Persecutors are not likely to pursue a case as vigorously as she says they have, where they have lost key evidence, which could have been dispositive of the entire issue of credibility.

Might have to work it into my screenplay.

well , I know for a fact they(2 other cops) spyed on US at reasteraunt as they were put this as witness in LE report,
also they kept sayine we have you on tape & I knew I had not said anything illegal
we asked for evidence at discovery they did not turn over a tape, then on my 3rd attorney, a tape was produced..yet it was blank "nothing" on it,, ...that is when LE said It BrOKE aka technical difficulties...

your focusing on the menaingless & minutia, I tried to stick to major points , I never said the door was busted down & flying off the hinge,

they used a key & entered the room quickly as in bardging into the room (they did not knock quietly & peacfully enter)
also.about the tape,,I assume IF they go to trouble to set up a sting ....they would at very least audio tape,,,yet none was produced in discovery..until 6 months go by... & they produced a (blank tape) therefore (no tape of a violation)...they claimed "it broke" I assume that IF they recorded & nothing illegal was said It would proove no law broken... therefore they have illegally arrested & prosecuted soemone..
If they just say "it broke"  (technical difficulties) then it is an unkown & they can lie

(a) (1) In all cases in which the accused is charged with a
misdemeanor only, he or she may appear by counsel only, ...

...(2) The accused may execute a written waiver of his or her right
to be personally present, approved by his or her counsel, and the
waiver shall be filed with the court. However, the court may
specifically direct the defendant to be personally present at any
particular proceeding or portion thereof. The waiver shall be
substantially in the following form:

     "Waiver of Defendant's Personal Presence"
  "The undersigned defendant, having been advised of his or her
right to be present at all stages of the proceedings, including, but
not limited to, presentation of and arguments on questions of fact
and law, and to be confronted by and cross-examine all witnesses,
hereby waives the right to be present at the hearing of any motion or
other proceeding in this cause.  The undersigned defendant hereby
requests the court to proceed during every absence of the defendant
that the court may permit pursuant to this waiver, and hereby agrees
that his or her interest is represented at all times by the presence
of his or her attorney the same as if the defendant were personally
present in court, and further agrees that notice to his or her
attorney that his or her presence in court on a particular day at a
particular time is required is notice to the defendant of the
requirement of his or her appearance at that time and place."...

...In a misdemeanor case, a judge may, pursuant to this
subdivision, accept a plea of guilty or no contest from a defendant
who is not physically in the courtroom...

At first I thought it was an effort to develop evidence she could submit in court, like her post was evidence of her innocent intent.

With the length of the string, it's more like a way of thinking out a screenplay, getting us to act as consultants by testing ideas.

Cops are bad guys, lawyers are bad guys (not just one bad apple, there were two out of two!), and heroine is middle aged businesswoman.  She's celibate, lonely, devoted to career at the expense of a romantic life and bang, this is what she gets.  Stay tuned for the corrupt legal system chasing her for years, or the in absentia conviction coming back to haunt her when she 1) is in line for a big promotion (evil competitor hires sleazy private eye to dig up misdemeanor criminal record) 2) runs for office.  

Casting might be difficult.  You would need to find someone attractive enough to fuel the fantasy but not so attractive that her failure to attract male attention without an ad is unbelievable.