Legal Corner

beverly hills vs. los angeles
hobyist4344 11765 reads
posted

a provider i know was busted in beverly hills
she now moved her work to los angeles so as not to be charged as a repeat offender should she be busted again.

would the move of city help? i thought it did not matter where the "crime" took place a second offence is a second offence period.

It matters not at all.  If the 2nd offense is in California, she'll be subject to the 2nd offender sentencing.  Whether she receives that sentence is another issue.  The Penal Code is the State's Code and the solicitation sections used by LE are all state-based.  Local ordinances cannot override state law on the same subject.

tokai7536 reads

While one can presume that a bust leads to conviction, what if she was let off without being convicted as a first time offender? I presume the 2nd offender law only applies to convictions, and not arrests.

I also presume that arrest records are available across the state, so if she is busted again, any police in CA would know of her prior arrest.

Well clearly no conviction equals no sentence.  Rap sheets are available across the state for certain and across the country usually.  Every arrest, with or without conviction is on the rap sheet.  And it never goes away; it cannt be "expunged".

sidone10821 reads

You're right.  Probably.  

There are statewide and nationwide databases of past offenses, and those are what the police will check if she was busted for prostitution or another state-law crime.  But if she was busted for violating a Beverly Hills ordinance instead of a criminal statute, then her strategy would probably work.

It's on her record, and I can't imagine she was busted for violation of any Beverly Hills muni ordinance.  The one value to her strategy is that the Beverly Hills cops know her now (it's a small department) and may be keeping an eye on her, but the LAPD doesn't.

hobyist43448218 reads

she has been convicted
but i guess lapd has better things to be doing

BTW if any of you live out in BH have you noticed all the cars in the PD got a new paint job and a new font for "police" i guess they have nothing better to do with my tax money than paint cop cars

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