Despite its reputation for being “the oldest profession in the world,” prostitution (solicitation) is a serious crime and punished aggressively in California. If convicted, the consequences can be devastating, and may include potential imprisonment or jail time, a permanent criminal record, and harsh monetary fines. As such, if you are facing prostitution charges, or were arrested or are under investigation for this offense, it is imperative to work with an attorney who is experienced in handling these complex types of cases. In fact, not every criminal defense lawyer is qualified to represent those who have been charged with prostitution, as these cases are often unique and highly nuanced. Having a seasoned prostitution defense lawyer by your side can possibly make the difference between jail time and your freedom.
Keep in mind that anything you say and do can be used against you by investigators and the prosecution. That is why it is critical for you to assert your right to remain silent and to have a lawyer present before questioning by investigators can resume. Since there may be strong defenses to raise on your behalf, avoiding incriminating statements or behavior can more favorably affect the outcome of your case. Also, the prosecution has ample resources to build a strong case against you, which is why you should take action now and fight back with a qualified prostitution defense lawyer by your side
At The Law Offices of David M. Boertje, our highly qualified California prostitution defense attorneys will take all measures necessary to fight for your legal rights and win. This involves conducting a thorough background of the evidence in your case, securing witnesses, and aggressively representing you in court. In other words, our legal professionals do anything and everything to win your case, and ensure that your constitutional rights are protected every step of the way. To schedule your free and completely confidential initial consultation, you can call our San Diego office at (619) 229 1870. You can also reach us at our North County location at (760) 476 0901 or visit us online.California Prostitution Law Explained
Pursuant to the California Penal Code § 647(b), it is illegal for a person to solicit, agree to, or engage in the act of prostitution with another. An individual engages in the act of prostitution when he/she has sexual intercourse or commits a lewd act with another person in exchange for financial compensation. A lewd act refers to anything from fondling genitals to grabbing one’s buttocks for the purposes of sexual arousal or pleasure. Additionally, those who can be charged under § 647(b) are the prostitute and his/her “John” (the person who receives the services of a prostitute). If convicted, a person could face up to six months in county jail, the imposition of monetary fines up to $1,000, the potential suspension of your driver’s license, and additional penalties in the event that you are a repeat offender.
While California’s prostitution and solicitation laws are harsh, it is important to understand that an agreement alone to engage in the act of prostitution is not enough to convict someone under § 647(b). There must be an agreement plus an act in furtherance of same for a conviction to be successful. To illustrate, if a person agrees to hire a prostitute, and then actually meets them in a hotel room or some other place with the intent to engage in prostitution, then they both could be convicted. Conversely, if an agreement was made to engage in prostitution but no additional steps are taken to complete the crime, you cannot be convicted.Prostitution Defenses are Available
A seasoned California prostitution defense lawyer can mount several defense strategies on your behalf. Depending upon the facts of each case, your attorney may raise the following most common defenses to prostitution:
- Lack of agreement;
- False accusation;
- Mistaken identity;
- Lack of solicitation;
- Entrapment; and
- Insufficient evidence.
If you or someone you know has been charged with prostitution in San Diego or the North County area, don’t wait to obtain the aggressive representation you need. Contact The Law Offices of David M. Boertje today to learn more about our comprehensive criminal defense services. When you meet with one our San Diego prostitution defense lawyers, we will take the time necessary to answer all your questions, and will also assist you in mounting strong defense strategies on your behalf. Don’t sacrifice your constitutional rights, freedom and livelihood by representing yourself. Call us now to schedule your free and completely confidential initial consultation. We can be reached at our downtown San Diego office at (619) 229-1870. You can also contact us at our North County location in Carlsbad at (760) 476-0901, or visit us online. We look forward to providing you with superior criminal defense representation.