San Francisco Prostitution & Solicitation Lawyer

Facing charges for an act of prostitution or solicitation can be incredibly stressful and confusing, both emotionally and legally.

You may feel anxious about the potential legal consequences, affect on relationships, and stigma that often comes with these types of charges. It’s important to remember that you’re not alone, and there are steps you can take to protect your future.

In this article, we’ll explain the state of California’s prostitution and solicitation laws, walk you through the legal process after an arrest, and highlight the crucial role an experienced defense attorney can play in helping you navigate this challenging time. Our goal with our attorney-client relationship is to provide you with the information you need to make informed decisions and feel empowered as you face the road ahead.

Overview of Prostitution and Solicitation Laws in California

Prostitution is defined under California Penal Code 647(b) as offering, agreeing to, or engaging in sexual acts, including lewd conduct or acts, in exchange for compensation. The sections of the law cover different aspects of activity and can apply to multiple people involved in the process.

Prostitution

• Agreeing to engage in an act of prostitution — Penal Code 647(b)
• Loitering with the intent to commit prostitution — Penal Code 653.22(a)
• Pimping (living off the proceeds of someone else’s prostitution — Penal Code 266h

California does have a provision to protect minors. Therefore instances where a minor, an individual under the age of 18, is involved, they are considered a victim of prostitution, sex trafficking, coercion, or pimping and are protected from charges against them.

Solicitation of Prostitution

Solicitation, on the other hand, refers to requesting or offering to perform sexual acts in exchange for money, regardless of whether the act occurs. This means that both the person offering the service and the one requesting it can be charged under California prostitution laws.

As noted, California protects minor victims against charges. However, it does not protect others involved with the minor for pimping, solicitation, or trafficking. In fact, the involvement of a minor could elevate the charges.

Pimping

Pimping, which involves living off the earnings of someone else’s prostitution, is classified under California Penal Code Section 266h and carries its own set of severe penalties.

What Are the Penalties for Prostitution and Solicitation?

Prostitution and solicitation are considered misdemeanors, but they can have significant penalties. Penalties for prostitution and solicitation in the Bay Area vary based on whether it is a first-time offense or a repeat violation under California law.

• First-time offenders typically face fines up to $1,000, probation, or up to six months in jail.
• If a crime involves a minor, the penalties are significantly higher. Fines can reach up to $10,000, jail time for up to a year, or both.
• Repeat offenses, especially when combined with other criminal activities, can result in even more severe penalties, including longer jail time and heavier fines.
• There are also other conditions that could result in additional penalties, which a lawyer can help you navigate. For instance, if the incident happened in your car, your car could be confiscated or your driver’s license suspended.

Legal Process After an Arrest

After a prostitution or solicitation arrest, you will go through a formal legal process.

1. Arrest

The arrest process includes fingerprinting and photographing, and you’ll be informed of your Miranda rights before questioning.

2. Bail & Release

In most cases, you will be given an option for bail, which will depend on the severity of the offense and your criminal history. For first-time offenders, release on your own recognizance (O.R.) may be granted, meaning you can be released without posting bail, but this is not guaranteed.

3. Court Appearance

Following your release, you will need to attend an arraignment where formal charges will be presented. At this point you will enter a plea of guilty, not guilty, or no contest.

4. Pre-Trial Hearings

After the arraignment, the case may move to pre-trial hearings. Your criminal defense lawyer will negotiate with the prosecution for reduced charges or alternative sentencing options, if possible.

5. Trial

If no settlement is reached, the case will proceed to trial, where your attorney will challenge the prosecution's evidence and present your defense.

Possible Defenses Against Prostitution and Solicitation Charges

Several defenses can be raised in response to prostitution and solicitation charges, depending on the circumstances of your case.

• Lack of specific intent: This argues that there was no agreement to engage in illegal activities and can include a claim of insufficient evidence.
• Entrapment: This occurs when law enforcement coerces or pressures an individual into committing a crime, sometimes as part of a sting operation.
• Mistaken identity: This can be used in cases where the defendant was wrongly identified as the individual involved in the alleged act.
• Constitutional defenses: These can be raised as well, such as arguing that law enforcement violated your Fourth Amendment rights during the arrest or investigation.

An experienced criminal defense attorney can assess which strategy is best for your case. The goal will be to dismiss the charges or reduce their severity.

Alternatives to Traditional Prosecution

Not every prostitution or solicitation case has to go through traditional criminal prosecution. In some situations, there are other options for resolution based on the specific situation, evidence, and individual’s history.

• Diversion programs may be available for a first offense. They offer the opportunity to avoid county jail time by attending educational courses, going to counseling, and completing community service.
• Plea bargains to reduce the charges or minimize additional penalties are often negotiated for individuals with more severe charges or a prior criminal record;
• A deferred judgment is an option where the court agrees to dismiss charges after the defendant fulfills certain conditions, such as completing a rehabilitation program or adhering to probationary terms.

These options can help mitigate the impact of a conviction and reduce long-term consequences.

Legal and Social Consequences of a Conviction

Criminal charges and a conviction for prostitution or solicitation can have far-reaching consequences beyond the immediate legal penalties. The personal impact of such a conviction can be profound.

• Having a criminal record for these charges may make it difficult to find employment or housing, as many landlords and employers conduct background checks.
• Registration: In some cases, you may be required to register as a sex offender, which comes with additional restrictions and long-term social stigma.
• Social Stigma: Social relationships may suffer, and the stigma associated with a prostitution-related conviction can lead to isolation, judgment, and emotional stress.
• Immigration Status: For non-citizens, a conviction may even jeopardize immigration status, potentially leading to deportation or difficulties in securing legal residency.

Importance of Legal Representation

If you are facing prostitution charges or solicitation charges, having an experienced criminal defense attorney and getting solid, reliable legal advice is crucial to protecting your rights and future.

A specialized attorney and law firm understands the intricacies of these cases and can craft a defense strategy that is tailored to your situation. From negotiating with the prosecution to challenging evidence in court, a defense attorney can significantly improve the outcome of your case.

Attorney-client privilege ensures that anything you share with your prostitution defense lawyer is confidential, so you should be open and honest, so they can build a strong defense beyond a reasonable doubt.

An experienced attorney will also help you navigate the complexities of the legal system, handle court appearances on your behalf, and work toward the best possible resolution, whether through a dismissal, reduced charges, or alternative sentencing options.

Why Choose Summit Defense?

Facing a prostitution conviction or solicitation charges can feel daunting, but the right legal support can work toward minimizing the consequences in solicitation or prostitution cases. Reach out to the law offices of Summit Defense for a free consultation and take the first step toward protecting your rights and future.