Arrested for Prostitution?
Prostitution is a known sex crime that is running rapid in the area of San Francisco. Millions of tax dollars go into fighting and diminishing the prostitution problem in this area. Although prostitution is only charged as a misdemeanor offense, it can bring lasting consequences and can negatively affect your future for years to come. It could lead to incarceration, establish a criminal record, tarnish your reputation, and make for embarrassing situations with possible employers. For defense, get in touch with a San Francisco criminal defense lawyer at the firm.
Engaging in Prostitution, Soliciting Prostitutes & Other Sex Offenses
Many people say that prostitution is known to be the "oldest profession in the world." It has been around through the generations, yet it is still harshly prosecuted as a criminal act. California Penal Code § 647(a-b) talks about the illegal act of engaging, offering, or agreeing to engage in a sexual act. This is otherwise known as the solicitation of prostitution, which is also a crime.
There is always a form of money or payment involved in return for a sexual favor. In fact, § 647(b) clearly explains that when you establish an agreement to perform a sexual act for money, then you have already violated the law. On the other hand, the agreement does not have to be verbal. If a man pull ups and signals for a lady on the street to come over and then drives to a hotel, put money on the nightstand, and not say two words, they are still committing a crime.
Penalties for Prostitution
If you are found to be guilty in the act of prostitution, you may face:
- Up to a minimum of 5-15 days or a maximum 6 months in jail
- Pay a fine of up to $1,000
- Participate in mandatory counseling or community service
- Obligatory AIDS testing
- Even probation of up to 3 years.
Solicitation is a criminal act where the punishment for each subsequent offense becomes increasingly more severe. In addition, if the act was committed in a car and was within 1,000 of a home residence, then you may also face a 30 day license suspension or have your license restricted for up to 6 months. In cases where the prostitution charges are somehow dropped, the prosecution will try to proceed and pursue charges of lewd conduct or
indecent exposure if the act was performed in a public place. Furthermore, even though convicted offenders of prostitution are not required to be listed on the public sex offender list, the judge could order that to be a part of your sentence, this will lead to additional penalties and criminal punishments.
How can they prove I'm guilty?
When it comes to proving guilt and collecting evidence it can get tricky.
When there is no recorded evidence of the crime of video or audio of the sexual act available, police officials will investigate further to see if:
- You're in possession of condoms
- You possess large amounts of money
- You possess a client scheduling book
- Your attire or dress matches that of a prostitute
In order to prove that there is insufficient evidence against you, you will need a cunning defense attorney to fight on your behalf. They may not be able to prove that there was indeed a definite agreement to participate in sexual activity and they may not have proof that there was ever any talk of monetary compensation for the act. What if the entire interaction was more of a joke or a spoof and the two individuals had no real intent to engage sexually? These are all the things that your criminal attorney will investigate and look into.
Hard-Hitting San Francisco Criminal Lawyers
When your criminal record, reputation, family life, and future are on the line, don't leave anything to chance. Obtain qualified criminal defense so you can fight to clear your name and disassemble the prosecution's case in court. More frequently, the LAPD has been putting their officers into undercover positions, acting as "johns" or male suitors looking for prostitutes. They have also been known to put their female officers undercover, posing as prostitutes to lure in men who are looking to pay for sex. Don't get caught in their trap! If you are facing charges of prostitution, contact the legal team at Okabe & Haushalter today.