Legal Questions

**Shimano** · 01-10-13 21:59

Just wondering, does the LE's involved in sting operations have their own jurisdictions?

I'm just asking for those of us that are searching online. Would having the girls come to you or meeting outside their cities prevent (or at least lessen the risk) of running into a sting?

**Geeslimmy** · 01-09-13 05:31

Honestly if you a lot of money get a lawyer. Keep in mind good lawyers are not cheap and if this shit goes to trial for a long period of time they will charge you hourly rates that are from $100 to $300 range could be higher depending on lawyer. Just take the punishment it's a first time case. There's not much defense you can muster up if you drove to the trap cops got you and that's about it. Bottom line is if there's no camera around to prove you're innocent or person witness to testify that your innocent then your best shot is 'no contest' which is basically same as 'guilty'. Stop going to the tracks the cops will get you sooner or later. It's just a matter of time. It's like same shit for drinking and driving one day you might only have 2 beers and bam you get pulled over by LEO. You will get the 'Standard First'. Just go to court and take what's coming to you. Don't waste your money if you aint got lots of money it aint worth it and there's no guarantee a lawyer will get a you a better plea bargin.

**Member #4870** · 01-07-13 21:57

Could you make an entrapment argument here?

Where did this sting take place?

**Deerom** · 01-07-13 19:46

Originally Posted by Deerom [View Original Post]

Get a lawyer!

If you are going to lawyer up, get one who is close to the courthouse and knows the local judges and prosecutors. Don't listen to

People who are not lawyers. You need professional advice and representation. There may be defenses to the charges that only a

Good, local lawyer can help you with.

**Jspunk** · 01-07-13 16:05

Hey I just wanted to thank everyone for their input on my case. I forgot to mention the sting happened on lankerahim near sfr a couple nights ago. You guys really helped take alot of the stress off my back. I will be staying away from the tracks for a while after this experience. And a word of advice to newbies, if you don't already know if girl tells you to meet her down the street instead of gettin into your car right away, head he opposite direction of where she tells you and go home! Please learn from my experience its better to to your warm house and j / o Instead of spending a cold night in jail.

Again thanks for all the input and anymore advice for me as I await my court date would be greatly appreciated!

**Socalasian** · 01-07-13 14:27

I know someone who went through this (from another board) and I can give you an idea if you are in the OC.

Get a lawyer. You can probably have the charge dismissed if that is what you need to keep your record clean. Going to run you around $3500 for the lawyer but they will do all your court dates and paperwork for you. If you can get it they will offer you a HIV Awareness class that's going to cost you like 8 hours on your weekend and $300, a DNA filing that's going to be another handful of cash, and then your case will be dismissed. Not the cheapest route but if you don't want to take a chance at ending up with a conviction then I suggest a professional attorney who handles these cases.

Otherwise you take the risk of a conviction- you probably won't get any jail time but a hefty fine and it will be on your record.

Be careful out there LE is using the online sites to run a lot of stings. Have heard of one off CL and one off BP in Garden Grove and Westminster. Easy way to make money for the cities I'm assuming. Sucks when there are real criminals out there victimizing people.

**Christophe1** · 01-07-13 12:56

Originally Posted by Jspunk [View Original Post]

In need of advice on what to do. How much trouble am I in? Will I have to register as a sex offender? Is there some community service or bail amount to wipe this off my record. I don't know how to fight this in court, would it be easier it admit guilt? What are the consequences of being convicted of the crime in my case?

Should I try and find a public defender to help with my case?

I also noticed the cops went through my texts and tried talking with some of the girls I was planning and meeting that night too. I was arrested at 10:40pm and went I was released I checked that some of my texts had responses on my part at 11:45pm when I didn't have my phone. It was taken into evidence.

Are cops allowed to go through your phone and make responses on texts?

I don't know anywhere else to ask, any help would be appreciated!

Don't worry, you're not in too much trouble. It's a misdemeanor. It feels embarrassing, it sucks, it's a learning experience and may have future consequences in getting a job. If you hold a professional license you may have to report the conviction and worry about moral terpitude issues.

First, I would interview a couple attorneys and see what they say. I personally don't think they can do much. If you pay enough money ($5000) to an attorney with a great reputation and who has worked as a prosecuting attorney knowing all the judges, they may be able to get your case dismissed. But, you have to pay for it.

IMO, unless you want to pay a lot you probably can use the public defender and plead no contest (guilty without admitting guilt) , but it's good to get a legal opinion. The consultation should be free and they will state a fee of $1500 or more. The court will give you a sentence of something like 30-50 hours of community service. You'll have to pay a fee to start the community service program ($50-100). They will have you get tested for HIV and bring your results to the court ($35-70). You will be given something like 2 years of unsupervised probation. After six, you can request to be released from probation. Also, after a couple years you can request to have your record expunged (provided you haven't committed any new crimes). When you apply for a job they will see this record until it is expunged. Afterward, you will have to decide how you answer the question, have you ever been convicted of a crime.

Yes, LEO can go through your phone and anything on it can be used as evidence against you without a warrant. I always, always delete everything and clear out my browser history on the street. If I took pictures I email them afterward.

I know a couple MP girls that have gone through this.

PS. Don't believe the lawyers. They use your fear and promise the world. They'll say they will look at the case and find inconsistencies and where the investigation breaks down. Until they see the evidence then say you should accept the plea deal. If they do find Leo mistakes and you fight it. Will easily cost $5k and upward.

**Deerom** · 01-07-13 12:27

Get a lawyer!

Originally Posted by Jspunk [View Original Post]

In need of advice on what to do. I was busted in an undercover sting operation where the undercover female officer and I discussed exchanging $40 for head. She directs me to a location a few streets down. I head towards that direction and I get pulled over sirens blazing behind me. They search me and find $50 cash in my pockets and take that for evidence. I spend an overnight in jail where they process me and run my fingerprints to check any other offenses be made. My record was clean but still didn't get out til 8:45am next day. How much trouble am I in? Will I have to register as a sex offender? This is my first offense. Is there some community service or bail amount to wipe this off my record. I don't know how to fight this in court, would it be easier it admit guilt? What are the consequences of being convicted of the crime in my case?

Should I try and find a public defender to help with my case?

I also noticed the cops went through my texts and tried talking with some of the girls I was planning and meeting that night too. I was arrested at 10:40pm and went I was released I checked that some of my texts had responses on my part at 11:45pm when I didn't have my phone. It was taken into evidence.

Are cops allowed to go through your phone and make responses on texts?

I don't know anywhere else to ask, any help would be appreciated!

**Jspunk** · 01-07-13 09:52

In need of advice on what to do. I was busted in an undercover sting operation where the undercover female officer and I discussed exchanging $40 for head. She directs me to a location a few streets down. I head towards that direction and I get pulled over sirens blazing behind me. They search me and find $50 cash in my pockets and take that for evidence. I spend an overnight in jail where they process me and run my fingerprints to check any other offenses be made. My record was clean but still didn't get out til 8:45am next day. How much trouble am I in? Will I have to register as a sex offender? This is my first offense. Is there some community service or bail amount to wipe this off my record. I don't know how to fight this in court, would it be easier it admit guilt? What are the consequences of being convicted of the crime in my case?

Should I try and find a public defender to help with my case?

I also noticed the cops went through my texts and tried talking with some of the girls I was planning and meeting that night too. I was arrested at 10:40pm and went I was released I checked that some of my texts had responses on my part at 11:45pm when I didn't have my phone. It was taken into evidence.

Are cops allowed to go through your phone and make responses on texts?

I don't know anywhere else to ask, any help would be appreciated!

**Defense Lawyer** · 12-15-10 00:50

This is the age-old question of what can they get you for absent a sting where you are "caught in the act" speaking the forbidden words (such as I'll give you $50 for a blow job, or even something more veiled, like $50 for half & half).

In general, the law of prostitution is violated by soliciting someone to engage in an act of prostitution, agreeing to engage in an act of prostitution and taking an act in furtherance of said agreement (like driving to the location the undercover cop directs you to) , or engaging in an act of prostitution.

So, if the girl says nothing and you say nothing, then you're probably golden. But realize the reality of this, the girl may be on probation and the cop may squeeze her to give you up (which she would in a heartbeat if it would save her butt). If he gets her to admit that you solicited her, it would be enough for an arrest and charges. Ditto for agreeing. You haven't actually engaged in prostitution yet, so you're safe there.

You could also be charged with loitering with intent to commit an act of prostitution, Penal Code Section 653. 22, which means driving around (in the guys case) or walking around and engaging motorists (in the girls case) with the intention of doing an act of prostitution. The proof would presumably be the actions the police saw you do before picking her up, after picking her up and driving away. So, they could "opine" that in their experience you were obviously lurking around looking for prostitutes since they've seen this hundreds of times, and this is what Johns do, and by picking up a known prostitute, you were clearly loitering in the area with an intention of picking up a prostitute. If you've been stopped in the area before but not charged then they would certainly use that against you in deciding to file a case and in trial. If the girl corroborated this by saying you guys were going to engage in an act of prostitution, then that would further corroborate it.

In other words, don't think you're out of the woods no matter how it is they come to pull you over.

Just stay silent, or have a really good story, and when they tell you they don't believe it, feign outrage and insist on having your attorney present. But don't let them keep questioning you.

Originally Posted by Onecito [View Original Post]

What does the law says about driving with a SW. For example if I have a SW in my car and I'm driving to a motel but before we get to the motel a Police Officer pulls me over and he knows the SW from previous arrest, can I be prosecuted on any charges, it seems to me that in this case, there is no proof of exchange of money for sex or any lewd act taking place but I hear all the time of people getting arrested just for talking or having a SW in their car.

**Onecito** · 12-14-10 00:37

What does the law says about driving with a SW. For example if I have a SW in my car and I'm driving to a motel but before we get to the motel a Police Officer pulls me over and he knows the SW from previous arrest, can I be prosecuted on any charges, it seems to me that in this case, there is no proof of exchange of money for sex or any lewd act taking place but I hear all the time of people getting arrested just for talking or having a SW in their car.

**Defense Lawyer** · 10-23-10 00:59

Originally Posted by Bosoxfan [View Original Post]

Hi,

I am coming to LA next week and was wondering what the law states about sex in an adult theater?

Hey Bosoxfan.

The law is called Lewd Conduct (Penal Code Section 647 (a. In general, having sex of any type (even masturbating) in a public place where someone from the public could view it and be offended (and I think they've made it so that even if you'd be hard-pressed to find a person at a porn theater who'd really be offended by someone else having sex, the cops would say they were. Even though they were looking to find it. And that's probably enough.

It was under this type of a charge that Pee Wee Herman got nailed for 20 years ago or so.

The same would apply to the places that have the little porn booths. There, too, any sexual conduct in a place that's viewable to the public. So if they don't have real closing doors, that's open to the public. Then it's a lewd conduct. It's a misdemeanor, and the prosecutors treat it very similar in punishment and restrictions to a prostitution case.

So, don't do it where it's visible to the public (ie. Get a room.

Lewd conduct is what they nail people for when they see them picking up a prostitute. They'll follow them to the spot they're doing the deed, then walk up on them and charge them. Perhaps you have a defense if you're up in the hills in a very dark area, but that's not where most girls are, and hence it's not where most mongers are.

Stay safe!

Defense Lawyer

**Bosoxfan** · 10-21-10 06:02

Hi,

I am coming to LA next week and was wondering what the law states about sex in an adult theater?

**Nitescape** · 04-27-09 12:54

Thanks DL!

**Defense Lawyer** · 04-24-09 02:41

Alright, here's the basics. The it is illegal to exchange money for sex (actually engage in prostitution), to offer to an exchange of money for sex ("hey there good looking, I'll give you $20 for a blowjob"), and to solicit someone to exchange money for sex ("will you have sex with me for money? "). An offer is also considered an agreement and an act in furtherance (cop on the street: "will you pay me $20 for a blowjob? " You: "sounds great, you're hot, " cop: drive over to that motel there and we'll go to my room, you'll love it. " You then drive in that general direction.

What is sex? It is generally considered the touching of any sexual organ (or any body part? Not sure about that) for sexual gratification. So, believe it or not, lap dances where she touches you with her ass or tits in exchange for money is prostitution. Her dancing for money and then being so turned on by your vibe and touching you sexually is not technically prostitution (there was no bargain for that activity). Try running that defense in trial, though.

What we're dealing with here tends to be either a solicitation or an agreement and act in furtherance. This is why it is advised to have a girl in your car before you ever start talking to her about what she'll do or what you'll pay. Once she's in your car, you know she's no cop. In the case of craigslist, it's much harder. In general, I would advise that you don't ever discuss any sexual touching. My suggestion would be that you want to hire her to dance for your in exchange for money, or say explicitely that you want only legal services such as dancing or massage. When you get there, and you can see she's not a cop (ie. You see her tits), then you can start talking in earnest. I would not talk any details over the phone. Problem is that it could be a leap of faith, and you may lose some money or time, but I think it's safer than being arrested.

Just be clear at all times that you only want legal services such as dancing or massage until you see the brown of her nipples.

As an aside, I handled some of these cases in Hollywood many years ago and recall the head city attorney supervisor there dismissing a prostitution case against a john who solicited a cop by saying he wanted her to dance for him while he masterbated, or her to masterbate for him, something to that effect. The supervisor dismissed the case noting that it is not against the law to touch yourself and pay for a show. Unfortunately, the guy was married and I'm quite sure that this screwed up his life in some way or another. So just don't get caught.