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California prositution and solicitation laws can be complex and convictions for this offense could have consequences for you license, severe Immigration consequences as well as provide a basis for a moral turpitude violation.

As a Former, Probation Officer, Deputy District Attorney, and Adjunct Criminology Instructor, and a Criminal Defense Attorney for more than 13 years, I can help you through an arrest or a charge for this type of case do not hesitate to call if you have been arrested for this crime because the consequences can be very severe.

If you are in the process of getting your Green Card or in another Immigratio matter you should immediately tell your Attorney about even an arrest for this prostitution or solicitation.

Under Immigration law even a first offense of solicitation or prostitution can be severe, and delay your citzenship application.  Most time you will not be deported for prostitution on a first offense.  This is because Prostitution many times falls in the petty crimes exception even though prostitution is always considered a moral turpitude crime. 

On a second offense deportation is possible.  Please Immediately call an experienced Immigration Attorney if you are arrested for a prostitution offense.

 

If you work as a massage therapist a prostitution arrest will usually result in the immediate suspension of your license if you work in  a town or city that requires licensing through a state agency. 

If you do what is referred to as pre-plea diversion than your license will be re-instated after you complete your diversion class.

A diversion clas is usually a life skills class or a prostitution abatement class, usually lasting one day depending on the county and city in which you were arrested. 

A Post Plea dversion is very different, the post plea diversion has a very different outcome.  This is true for both licensing and Immigration, for licensing and Immigration a Post Plea diversion is considered a conviction.  Therefore, the temporary revocation of your license will become a two year permanent revcocation.  You can re-apply in two years.

Immigration does not recognize post plea diversions, and will count your plea as a moral turpitude violation having serious consequences for you Immigration status. 

Many times Attorneys will plea a client to Penal Code violation of disturbing the peace with an agreement for jail time just to avoid the serious consequences that a person faces for a conviction. 

If you are found not guilty by Jury or court trial the action against you on both you license and Immigration is stopped and you will not face those consequences. 

 

Typically there is often a lot of political and social pressure placed on law enforcement regarding prostitution.  Therefore Police will often expend a tremendous amount of resources on this problem.

 

1. overview of Penal Code section 647 b/ prostitution and solicitation of prostitution

Todays Calfornia Laws allow the police to arrest the

prostitute and

the John or person soliciting the prostitute

And other middlemen known a pimps who live of the proceeds of a prostitute. 

Undercover sting operations are a common way for officers to make a prostitution arrests.  Police monitor massage parlors, strip clubs, and the streets in order to bust prostitutes and or Johns.

 

 HOW DOES THE PROSECUTOR PROVE THAT I AM GUILTY OF PROSTITUTION OR SOLICITATION OF PROSTITUTION UNDER PENAL CODE SECTION 647 B.

In order to prove engagin in an act of prostitution, the prosecutor must prove that you

1. engaged in an act of prostitution

2. that you did so willfully

'prostitution means engaging in sexual intercourse or any lewd act with another person in exchange for money or other consideration.

 

a "lewd" act is defined as any act that involves touching the genitals, buttocks, or female breast of either person by another person that is done with the specific intent to arouse or sexually gratify. 

"willfully means dilleberitely or on purpose.

SOLICITING PROSTITUTION

In order to convict you of soliciting prostitution, the prosecutor must prove

1. solicited another person to engage in an act of prostitution

2. that you did so with the specific intent of engaging in an act of prostitution

Depending on the nature of the exchange and who initiated the interaction prosecutors could charge the offense against the prostitute or the customer.

 

"soliciting" means to lure entice or elicit.  however, simply soliciting another person without more is insufficient to uphold a conviction for soicitation of prostitution. 

solicitation calls for specific intent of engaging in an act of prostitution typically evidenced by an offer to pay money or other compensation for sex.  not by a simple hand gesture or way of dress.  This is important because a mere gesture or short skirt is not enough even if in a high prostitution area. 

 

WHAT IS AGREEING TO ENGAGE IN AN ACT OF PROSTITUTION

In order for you to be convicted of engaging in an act of prostitution, the prosecutor must prove

1. that you agreed to an act of prostitution

2. that you did so with the specific intent of engaging in an act of prostitution,

and

3. that in addition to the agreement, you performed an act in furtherance of prostitution

 

It is not enough to agree to do an act of prostitution you must do an act in furtherance.

It does not matter what the act is, as long as it clarrifies or corroborates the fact that an act or agreement was reached.  It is important to note that this act can take place before, during, or after the agreement.  When the act takes place is important that the act actually took place. 

Another noteworthy point is that " the act in furtherance" must be clearly stated in the formal written charge against you (otherwise known as the complaint) if it isnt it is a due process violation and could result in the dismissal of the charges against you. 

It should be noted that possession of condoms

large amounts of money

possession of "client book" and or

your attire

may all reveal evidence that you are guilty of one of the above offenses.  However, none of these "evidentiary items " themselves prove the charge by themselves. 

Penalties punishment, and sentencing

read above for some of the consequences.  First, a conviciton of prostitution charge is a Misdamenor punishable by up to six months in jail. In Fresno County first time offenders are usually offered post  plea diversion and a dismissal. 

If you were committed the offesne while using a car, and 2. within 1,000 feet of a residence you could face the towing of your vehicle and revocation for up to 30 days. and a restricted license for up to six months. 

SEX OFFENDER REGISTRATION

Like the crime of statutory rape, prostitution crimes are discretionary meaning it is up to the court to decide if the offender will have to register as a sex offender.

Usually the Judge will only order this registration if he finds you have a sexual compulsion or as a reapeat offender. 

HOW DO I FIGHT A PENAL CODE SECTION647B CHARGE

1. Entrapment many times these decoy officers lure othewise law abiding citzens to commit crimes of solicitation or prostitution

2. lack of credible evidence in many "sting operation" in massage parlors the police will send in a informant to ask the women to perform and act of prositittion many times with no words being said. and only hand signals then when the women supposedly agrees the officers do a bust signal and the women is arrested.

this is entrapment

lack of credible evidence because it is a he said she said with no creidible evidence the women ever agreed to anything.  Many times I have represented women who said the informant was aggressive and made several statements and she said nothing.  the hidden mike also never picks up the women saying a word. unfortunately many times the women are to scared to testify in court and take plea agreements based upon there fear of law enforcement. 

3. lack of evidence

many times the cases are he said she said with noting picked up on the mike

Mistake

many times the massage parlor workers do not speak english and there may be cultaral or other mistakes leading to the arrest of these often times scared women.

 

If you have been arrested for a prostitution related offense please do not hesitate to call.

 

 

California had its primary election on June 7, 2016. As always, California officials were working to ensure there was no voter fraud in California.

If you have a warrant out for your arrest you can give us a call right away so that we can help you out.  As a Former Probation Officer, Deputy District Attorney, and Criminal Defense Attorney for more than 13 years I have the experience to help you.

First, Even if you have  a Warrant you should call us next you should see a Bail Bondsman. 

The Bail Bondsman can look up what the Warrant is for and provide you with a bond so that you don't have to go to Jail because you have technically alread been bailed out.

As long as more charges arent added, or different more serious charges are not added you should be fine. 

You will be given a court date by the Bail Bondsman usually 10 days from the time of the bond.

 

Many times peopl are arrested without there being a warrant for there arrest.  If this occurs the arresting agency cannot bond you out.  Typically the arresting agency will arrest and book you and fingerprint you and attempt to interview regarding the crime.

 

It is always best to speak with An Attorney before making any type of statement. 

You will be then transported to the County Jail and booked and given a bail amount based upon the charges at the time of booking.

You can then call a bail bondsman and arrange bail based upon the schedule.

Now one important thing that you should know  is that the District Attorney and the District Attorney alone, makes the decision on what charges you will be charged with. So in short you can be arrested for one set of charges and at your first court appearance (arraignment) you can a bunch of different charges based upon what the prosecution feels they can prove.

This can drastically change your bail amount. Many times bail bondsman do not charge bail amount for enhancements such as Gang Enhancements that are brought by the District Attorney; therefore, you bail could go up by many hundreds of thousands of Dollars based upon the different charges.

 

Therefore, you should call an Attorney to help you with this process if you find you have a warrant out for your arrest.

 

I have personally tried more than 10 sex crimes cases in three different counties.  In addition, I have handles almost fifty other sex crimes cases in more than 13 years of criminal defense experience if you have been arrested for a sex crimes case do not hesitate to call today. 

There are seval different types of cases that fall under sex crimes cases.

Penal Code section 262 PC "spousal rape"

Date Rape

Penal Code section 261.5 "statutory rape"

"Oral copulation by force"

Penal Code section 289 "Forcible Penetration with a Foreign Object"

The punishment penalties, and stigma of a Sex Crimes conviction can be severe

However rape cases involve a number of evidentiary issues both emotional and physical.

A skilled and experienced Attorney is needed to investigate and possilble obtain the best expert witnesses.

Below I will discuss several issues as to Rape cases.

1. Overview of Rape Law

2. How does the prosecutor prove that I am guilty of Rape

3. The penalties and punishments for Rape.

4. How do I fight a California Rape Charge

5. Rape and related offenses.

1. Overview of California Rape Law

As per Penal Code section 261 Pc rape occurs when an individual engages in sexual intercourse with another person when the sexual act is accomplished 1. Against tha persons will 2. without that person's consent and by means of

force

violence

duress duress can be an express or implied threat  which would coerce a reasonable person to perform an act which he or she would not otherwise have performed/ or

2. Agree to an act which he or she otherwise would not have submitted. Convincing an alleged victim that he or she will be arrested, incarcerated, or deported, for example.

Fear of Bodily Harm to oneself is or to another (that the alleged victim's fear must be actual and reasonable under the circumstances. 

Also, if the alleged victim

1. To intoxicated to consent to the activity

2. Unable to give consent due to a mental disorder or physical disability which the accused knows or reasonably should know about, or

3. Unconscious about the nature of the act (either because he/she is asleep, unconscious, or fraudently induced into having sexual intecourse and the accused know or reasonably should know that this is the case.

 

2. How does the prosecutor Prove that I am guilty of Rape

in order to prove that you are guilty of Rape the prosecutor must prove four facts

1. That you engaged in sexual intercourse with another person (any penetration will suffice, regardless of how slight). 

2. That you were not married to the other person ( that is a seperate crime known as spousal rape)

3. That the intercourse was against the will of the other person

4. That you accomplished the act by one of the means above.

It is the third element that raises the most issues so we will look at that.

 

Agains the will and consent

Simply put against the will and consent. means without the other persons consent.  but what is meant by consent.

Consent means positive cooperation in an act or attitude as an excercise of free will.  A person who "consents to sexual intercourse does not freely and voluntarily with knowlege of the true nature of the sexual act.  There are three important things to consider in understanding consent

1. The fact that the alleged victim are or where in a dating relationship does not in-and of-itself constitute consent without the alleged additional evidence of consent.

2. The fact that the alleged victim asked you to use a condom does not in and of itself constitute consent

3. The fact that the alleged victim initially consented to and participated in the sexual intercourse does not in and of itself prove consent.

Resistance is not an element of Rape

The prosecutor does not need to prove that the alleged victim tried to resist in order to prevail at trial. 

Under the old rape law if a women froze during an attack then the defendant would be found not guilty because there was not sufficient resistence.

However, that is not the law today.

California Rape law applies to both men and women

 

3. Penalties, Punishments and Sentencing for California Penal Code section 261 Rape

Rape is a Felony if convicted you could face

Formal Probation

Prision for 3, 6, or 8 Years.

and the Lifetime registration requirement.

If there is Great Bodily Injury and additional 3,4, or five years.

 

HOW DO I FIGHT A RAPE CHARGE

To accuse someoene of Rape requires little or no evidence ; however, for the person to be convicted there must be proof beyond a reasonable doubt.

False Accusation

Someone may accuse you of rape out of Jelousy, anger, or any other reasons

Consent

If the person consented then they cannot be Raped.

Insufficient Evidence

If the alleged victim does not see medical attention there may be no physical evidence to corroborate her statements.  Also, if no one sees or hears the incident than a similiarly there is no evidence. 

Mistaken Identity

Mistaken Identity can happen for a variety of reasons

poor lighting

faces masks

prejudicial in person lineups or photographic lineups.

Penal Code Section 261.5 Statutory Rape

Statutory Rape takes place when an adult has sexual intercourse with an individual under 18, referred to as a minor. 

If you have been arrested for or investigated for any of the offenses listed above call us immediately. 

 

 

 

 

The penalties for repeat offenders of DUI laws certainly do escalate for 2nd and 3rd time offenders.  As a former deputy district attorney, and someone that has been practicing criminal defense for 13 years I know the ins and outs of DUI law.   Please call for any questions. Below I will give a brief overview of how the 2nd and 3rd time offenses escalate punishments for DUI offenses.

But first, sometimes I recieved phone calls from people who are facing a DUI after a Felony DUI these DUI's are always treated as Felonies. 

 

For second time offenders with a BAC below .15

First the administrative penalties, the DMV will give a hard revocation of your license for a period of one-year.  However, after 90 days from conviction, not from charges, but convction you are eligible to go to the DMV and have an ignition interlock device placed on your vehicle.  You wil also have to sign up for the repeat offender DUI course 18 month and get an sr-22. and pay a fee.

 

As far as criminal court you will get additional days of aowp then you did for your first offense.  This of course depends on your BAC if  your BAC is .15 or above you are considered to have an elevated BAC which could lead to higher penalties and costs. 

Many times I am asked should I go to A.A. to impress the Judge.  Certainly if you are serious you should go to A.A. and get proof.  Also, the Judge could order either A.A. or outpatient treatment as a condition of release.  If ordered you should certainly go, or it could result in being taken into custody.

 

3rd Time DUI consequences

On a third time DUI you don't have the option of the iginition interlock device after 90 days and still must complete the repeat offender DUI class the 18 month class.

As for court consequences you have 120 days minimum jail sentence for 3rd time convictions.  How this is handles is some extent up to the Judge and your circumstances. 

If the court orders you into treatment you can count this as your in custody time, of course this is at the Judges discretion, and you should not preemptively go to in-patient treatment because the Judge will not give you credit for those days unless ordered by the Judge.

You can also, get on what many people refer to as the monitor.  However, you should make sure you are on what the scram program calls the scram 2 program because that is the only program the Judge will give day for day credits for.  The scram 2 program has a built in alcohol sensor as part of the device.

If  you are taken into custody to begin your 180 days as some Judges will do, you can still bail out because you have not yet been convicted.

What is AOWP

The AOWP progam is a program in Fresno County this is for the most part work release. 

You have probably seen them on the side of the road picking up trash.  In Fresno County you can do up to 90 days AOWP time and the remainder of the 120 days must be spent in custody.   If the Judge agrees custody could be the scram 2 program, in patient treatment program, or a combination.

The good thing about the above-mentioned programs is that they keep you out of actual custody at the Fresno County Jail facility.  If however, you do not cooperate or complete the terms as outline above you will have a turn in date from the Judge.  The Judge will not want to hear that you did not complete things you were ordered to do by the Court.  In addition, most times the court will not even let you put yourself on calendar to argue for more time to complete AOWP or other things you will be sent to Jail.

You certainly need experienced counsel for this type of offense especially as the consequences get much harsher.  If you need help do not hesitate to call us.

 

Marijuana possession is a federal crime

Over 20 U.S. states have legalized medical marijuana. Yet even in Washington, Oregon, Colorado, Alaska and the District of Columbia – where recreational use of cannabis by adults is legal – underage public college students who need medical marijuana may not use it on campus. This means not just in classrooms and public areas, but in campus-based housing, such as dorms.

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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