San Diego Prostitution And Solicitation Defense Lawyers With More Than 20 Years Of Experience

Prostitution is big business in San Diego. The city has one of the largest concentrations of sex workers and escort providers in the United States. It is a service that has high demand when considering the population of the city, conventions, tourism and military presence. The city also has a large number of massage and wellness parlors that are intended to help supply the demand. Further, there are many websites like Preferred411, Slixa, Eros and Tryst that facilitate this business, not to mention sites like OnlyFans and even social media where providers connect with their clients.

With all of this business, enforcement of anti-prostitution laws has become a major priority for local law enforcement agencies throughout California. The San Diego Police Department’s Vice Operations Unit has been especially cracking down on internet escorts and the people who hire them, often using elaborate sting operations to trap people.

Do Not Be Pressured Into A Guilty Plea

Prostitution, solicitation of prostitution and similar charges come with serious, life-changing penalties. If you have been charged as part of a sting operation or otherwise, you need an experienced lawyer who can act quickly and decisively to protect your rights. Even if you think you may have violated the law, do not plead guilty. You have rights. You can fight these charges. The attorneys at The Law Offices of Mark Deniz APLC can help you.

We know the strategies police and prosecutors use to trap escorts, dancers, massage therapists and other sex workers, as well as their clients. We know that the people charged are often pressured into pleading guilty, even when evidence is thin or nonexistent. We know that you may be scared and feel like a guilty plea is the only way out, but it is not.

We are a law firm led by attorney Mark Deniz, an experienced former vice crimes prosecutor who has handled hundreds of these cases over the course of more than 20 years. We know how these cases are put together and, more importantly, how to take them apart. We have a longstanding record of positive outcomes in even the most challenging prostitution cases.

For a free consultation with a San Diego prostitution and solicitation defense lawyer, call us immediately: 858-429-9982.

Our San Diego attorneys are highly skilled in defending both street prostitution cases and incall/outcall escort cases. We handle all prostitution charges, including:

• Prostitution
• Solicitation of prostitution
• Agreeing to engage in an act of prostitution
• Escorting without a permit

Understanding California Penal Code 647(b): Prostitution And Solicitation

California Penal Code 647(b) covers the majority of prostitution related crimes. There are not separate codes for prostitution and solicitation. Solicitation in this context means requesting a sexual act in exchange for something of value. Prostitution in this context means agreeing to a sexual act in exchange for money or something of value. Typically, money is offered but offering other items in exchange for a sex act may still be result in a charge of prostitution or solicitation.

In these cases, the prosecution must prove that there was an agreement to a sexual act, that the defendant agreed to engage in that act and that the defendant “did something to further the act of prostitution.” This means that an agreement to exchange sex for money is not enough to prove the charge, the prosecutor must prove that there was an additional act beyond the agreement that was in furtherance of committing an act of prostitution. This is a high burden of proof, and often law enforcement and prosecutors simply do not have sufficient evidence to support the charge.

Escorting Without A Permit (San Diego Municipal Code Chapter 3, Article 3, Division 28)

If the police try to set you up for a prostitution charge but can’t do it, they may charge you with “escorting without a permit,” which is a violation of a San Diego Municipal Code. They may also charge this along with a prostitution charge. Escorting without a permit is a misdemeanor that can carry up to six months in jail and a $1,000 fine.

You Can Beat An Internet-Based Sting

The SDPD Vice Operation Unit’s latest tactic is to troll internet classifieds looking for escorts, and yes, law enforcement has figured out to look in the health/wellness services section of Craigslist. Often these San Diego escorts, dancers, massage therapists or other sex workers are from out of town and advertise that they are in town for the weekend. The police will lure the sex worker to a hotel, and then — no matter what happens, even if no illegal activity occurs — the person is arrested and soon finds themself in a room with dozens of others who fell into the same trap.

Whether you are local or from out of town, if you have been arrested in this type of sting operation to catch sex workers, you can fight the charges. The way that law enforcement conducts these operations presents many issues and opportunities for us to find flaws that could lead to the charges being dropped, reduced or another positive outcome. They may tell you that you were caught red-handed, but they may not have what is necessary for a conviction. Talk to an experienced criminal defense lawyer immediately.

How Do Solicitation Of Prostitution Arrests Work In San Diego?

SDPD’s Vice Operations Unit regularly uses decoys to pose as San Diego prostitutes to lure unsuspecting customers into arrest. Often people are arrested even if they had no intent to engage in an act of prostitution. The truth of the matter is this: Whether you are guilty or innocent, the police will arrest anyone who comes into contact with their undercover operation. This is why it is important to have an experienced criminal defense attorney to fight your solicitation of prostitution charge in court.

Whatever the circumstances of your solicitation arrest, The Law Offices of Mark Deniz APLC is experienced in these cases and will help you either by fighting your case all the way to trial or resolving the case with minimal consequences.

What Are The Requirements For A Solicitation Of Prostitution Conviction?

The most common charge is Penal Code PC 647(b). You can be convicted for solicitation of prostitution if the prosecution proves that:

• You requested or asked someone else to engage in prostitution. Prostitution is defined as engaging in sexual intercourse or a lewd act in exchange for money or some other form of payment. Touching the genitals or another part of the body for the purpose of sexual gratification or arousal qualifies as a lewd act for the purposes of this section.
• You intended to engage in the act of prostitution with the other person. The government must prove that you meant to follow through with a request to engage in prostitution. For instance, if you were joking around and did not mean what you said, the government would have a difficult time proving that you intended to engage in prostitution.

How To Defend Against Charges Of Soliciting Prostitution

The first step in a good solicitation defense strategy is to determine whether the police can prove their case. When dealing with California solicitation and prostitution law, there is a fine line between what is and what is not legal. Can the prosecution prove beyond a reasonable doubt the elements of the crime? In many cases, the answer is no.

If there is some question as to whether the other person received your request, the government will also have to prove that the other person in fact received your request. This does not come up frequently. Most charges for solicitation of prostitution arise from undercover police operations. It is important to know that you can be found guilty of this charge even if the other person (i.e. an undercover police officer posing as a prostitute) does not intend to engage in prostitution.

In these types of San Diego solicitation defense cases, we can obtain records regarding the undercover investigation that can help your case. Jurors are often bothered by a large amount of resources police agencies pour into these types of stings, and by the fact that police agencies generally do a poor job of preserving evidence in these operations. For example, the conversations between undercover officers and suspects are usually transmitted through a wire. However, police agencies do not generally record this information for use in court. Many jurors feel uncomfortable convicting someone without this type of evidence. This is just the tip of the iceberg of the solicitation charge defense strategies we may employ to help you overcome these charges.

Consequences Of Solicitation In San Diego, CA

You may be sentenced to up to six months in jail for a charge of solicitation of prostitution in San Diego or elsewhere in California. You can also be fined up to $1,000 for hiring a prostitute. The judge may also suspend your driver’s license for up to 30 days under some circumstances. Thankfully, California law does not require sex offender registration as a conviction, though in some circumstances a judge may require it. All the more reason to fight the charges.

If you are convicted of violating California Penal Code 647(b), the offense is “priorable.” This means that every time you are ever convicted of another prostitution offense, the punishments will get more severe every time. If you have been convicted for hiring an escort or sex worker in the past, you are facing more serious consequences. A minimum of 45 days in jail is required if you have been convicted once before for this same charge. If you have been convicted two or more times previously for this charge, a minimum of 90 days in jail is required.

Our founding attorney was a prosecutor for almost 10 years and handled prostitution cases and jury trials. We know how the system works. If the government cannot prove their case, we will ask for dismissal. If the government can prove their case, we will push to see that you get the best resolution possible. In most cases, we have been able to procure diversion for my clients. Diversion is usually entering an agreement that if you stay out of trouble and complete some classes, you can get the charge reduced. If this sounds like what you need, it is best to get started as soon as possible.

Diversion Programs In Prostitution Or Solicitation Cases

If this is your first offense and even on repeat offenses, The Law Offices of Mark Deniz APLC may be able to help you avoid jail time and obtain an offer through a diversion program. In a diversion program, our clients agree to attend a “prostitution education class” and possibly additional counseling. After the completion of the program, the charges are dismissed. In the cases of first offenses, this may be a matter of attending one class that lasts a few hours. For repeat offenses, a more intensive program may be required to avoid jail time.

Even if you don’t qualify for the diversion program or can’t accept the diversion program, you can and should fight this case. Remember: There’s a lot that can be done on these cases. Don’t just show up to court and accept the first thing offered. You owe it to yourself to at least ask an experienced prostitution and solicitation defense lawyer.

Call Now For A Free Consultation About Prostitution And Solicitation Defense

Our attorneys bring substantial experience and a record of success to these complex cases. These cases are winnable. There is no need to take a guilty plea. Talk to us for free to learn more. Call 858-429-9982 or send us an email.