Solicitation for Prostitution - Penal Code (PC) 647(b) Lawyer
Wais Azami defends charges of Solicitation for Prostitution in Garden Grove within all of Orange County. Such matters require the attorney to be discreet and precisely follow client's wishes to reduce unnecessary embarrassment.
What is PC 647(b), Solicitation for prostitution?
The accused/defendant is charged with soliciting (asking, proposing or suggesting) another individual to engage in an act of prostitution. To prove this crime, the prosecutor must prove that:
1. The defendant/accused requested that someone engage in an act of prostitution;
2. The defendant/accused intended to engage in an act of prostitution; and
3. The other person understood or received the communication containing the request.
Prostitution Definition: A person engages in an act of prostitution if he or she has sexual intercourse or does a lewd act with someone else in exchange for money or other compensation.
First offense, the statutory maximum punishment is six months in county jail and/or up to $1,000 in fines, plus penalties and assessments. However, this rarely occurs. The client is often offered a form of diversion where he or she takes a one day course on the dangers of prostitution and has an AIDS/HIV test performed. The test results are then placed in a sealed envelope and given to the client to give to the judge. The client also receives a proof of completion document upon successful completion of the course. When he/she does both of these things, the case is dismissed. Sometimes there can be a no-plea dismissal but a lot of times this is not offered.
Diversion programs for prostitution is not cheap! In addition, some courts may require client to perform community labor rather than community service.
Second-offense for same charge; the judge will sentence the client to a minimum of forty-five days in county jail. First time offenses are easier to hide from a spouse but a second offense requiring jail time will be much more difficult to hide from friends, family and employer.
The third-time offense; the judge must order that the client serve a minimum of ninety days in county jail. The consequences of a much lengthier sentence could have long-lasting effects for your personal and profession life.
The court may also suspend one's driver's license for up to thirty days and order that the client have only a restricted license for six months for either the first, second or third offense. The judge has discretion to do this if the client committed the offense while using his or her car and this happened within 1,000 feet from a residence. This is not a requirement but rather discretionary. The court rarely does so.
A big concern of clients who face charges or violating Penal Code § 647(b) is whether they will need to register as a sex offender under Penal Code § 290. It is not required. Once again, the judge has discretion to impose such a lifetime registration requirement if the judge finds that the client engaged in (or agreed to engage in or solicited another to engage in) prostitution “as a result of sexual compulsion or for sexual gratification.” Speak to a local lawyer serving Anaheim, Garden Grove, Stanton, Westminster, Midway City, Cypress and Buena Park.