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 no 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 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)
“Escorting without a permit” is a misdemeanor and a violation of the San Diego Municipal Code. A conviction can result in penalties of up to six months in jail and a $1,000 fine. Police might resort to this charge if they tried to implicate you in a prostitution charge but were unable to do so. They may also apply this alongside a prostitution charge.
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?
The SDPD Vice Operations Unit frequently deploys undercover officers who pretend to be prostitutes to catch unsuspecting individuals. They may arrest a person who interacts with their operation, even if they had no intention of engaging in prostitution. No matter the details surrounding your solicitation arrest, our attorneys at The Law Offices of Mark Deniz APLC are ready to defend you in court.
What Are The Requirements For A Solicitation Of Prostitution Conviction?
This charge usually falls under Penal Code PC 647(b). A conviction for solicitation of prostitution requires the prosecution to demonstrate that the defendant:
- Requested or encouraged someone to participate in prostitution: Prostitution involves engaging in sexual acts or lewd behavior in return for money or another type of payment. This can mean performing a lewd act, such as touching the genitals or other body parts for sexual pleasure or arousal.
- Intended to proceed with the act of prostitution with that individual: Prosecution must show proof that you intended to engage in prostitution. For example, if what you said to that person was a joke and not meant seriously, it would be challenging for the government to prove your intention.
How To Defend Against Charges Of Soliciting Prostitution
The first step in defending against these charges is to check whether the police have enough proof to support their case. California’s laws about solicitation and prostitution are complex, with many details affecting whether an act is legal or illegal. Can the prosecution prove every element of the crime beyond a reasonable doubt? Often, they cannot.
If it’s unclear whether the other person received a request for solicitation, the government must show evidence that they did. However, this is rare because most charges come from undercover police operations. In these cases, the undercover officer, posing as a prostitute, knows about the solicitation as part of the sting. So, courts do not usually question whether the other person received the communication. Moreover, the court may still find a person guilty even if the officer never planned to engage in prostitution.
In San Diego defense cases, we can access records about the undercover investigation to support your case. Jurors often worry about the large resources police spend on these operations and the poor handling of evidence. For example, police often transmit the discussion between undercover officers and suspects but rarely record it for court use. Many jurors hesitate to convict without this evidence. This is just one part of the defense strategies we use to help you fight these charges.
Consequences Of Solicitation In San Diego, CA
You may face prison time of up to six months for a charge of solicitation of prostitution in San Diego or elsewhere in California. You can also receive fines of up to $1,000. 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 received a conviction under California Penal Code 647(b) before, the offense is “priorable.” This means that for every subsequent conviction for another prostitution offense, the punishments will get more severe. A second conviction may result in a minimum of 45 days of prison time. A third or fourth conviction may come with a minimum of 90 days in jail.
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 most favorable resolution possible. In most cases, we have been able to procure diversion for our 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
Whether this is your first offense or a repeat offense, The Law Offices of Mark Deniz APLC will help you negotiate a diversion program. This often involves enrolling in a “prostitution education class,” as well as further counseling sessions. If a person qualifies and completes the program, courts may drop the charges. While first-time offenders often need to just attend a single class, those with prior offenses may need to go through a more comprehensive program.
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 in 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.