In California, prostitution, pimping and soliciting prostitution are all against the law. In recent years, police have been performing more and more sting operations to catch these individuals in the act and many of their methods are questionable, often leading to inadmissible evidence should the case go to court. If you have been accused of any crime related to prostitution, please call a San Diego criminal lawyer immediately.
In many cases, prostitution, pimping and solicitation charges are very hard to actually prosecute. That’s because the prosecution must be able to show that sexual acts were actually going to be performed in exchange for goods or services. If someone puts up an ad on Craigslist offering an escort service, but they never explicitly state that they are offering sexual services in exchange for money, the prosecution will have a hard time proving that they were actually breaking the law rather than just charging people to have a date for the evening.
Additionally, for prostitution or solicitation charges to be proven, the prosecution must also show that there was some sort of act that helped push the agreement forward -for example, the exchange of money. Merely discussing the terms of such a transaction isn’t against the law in itself.
Many prostitution and solicitation arrests come from police sting operations, but if the police fail to adequately record the events that took place, or if their actions constitute entrapment, your San Diego criminal attorney may be able to have the evidence suppressed so it cannot be used in trial. If there is little other evidence, this may even result in the charges being dropped.
Occasionally, people are arrested for prostitution when they have done nothing more than loiter. Unfortunately, many people panic when they are placed under arrest, saying things that can be later used against them in court, which is why you should always refuse to say anything until you speak with a San Diego criminal lawyer.
Even if the case against you is solid, you may qualify for a diversion program to get the prostitution charges off your record.
If you have been arrested for any charge related to prostitution, please call (760) 643-4050 or (858) 486-3024 to schedule a free initial consultation with top San Diego criminal defense attorney Peter M. Liss.
Creative Commons Image by Charles LeBlanc