Author: Greg

The Meaning of Soliciting a Prostitute


What does it mean to solicit a prostitute?

Prostitution and soliciting a prostitute is currently illegal in the state of California. However, it sometimes not clear what exactly constitutes solicitation of a prostitute. By definition, the word solicitation refers to persuasion of someone to do something. The law itself states that it is illegal to ask for sex in return for money or compensation. It is also illegal to offer sex in exchange for any kind of compensation. To prove someone is guilty of soliciting a prostitute, there must be evidence of that intent.

 

Types of Solicitation

Evidence of intent when it comes to solicitation can come in any number of forms. An offender may have withdrawn cash from an ATM, for instance. Driving to a location where there is a prostitute, such as a hotel, can be evidence of intent, as can inviting a prostitute to get in your car. It’s important to remember that even if someone doesn’t end up completing the act, they can still be charged with solicitation. The intent is the most important factor when deciding whether charges should be laid. Sometimes this occurs when someone is caught by a police officer, or the prostitute is an undercover officer.

 

A common example is when an undercover officer is solicited. The officer may be operating as part of a sting operation, and is dressed as a street walking prostitute. During this time, someone comes up and begins to talk to the officer. At some point, this person offers money to the undercover officer, and drives her to his hotel room. If the officer confirms that there is, in fact, money to be exchanged (as opposed to a lie), then the man will most likely be arrested for solicitation. His actions and his words both show that he had an intent to have sex with the undercover officer, and was going to give her money to do so.

 

How Police Use Undercover Operations to Make Arrests

Undercover operations are the primary way for police to make solicitation arrests. This is the easiest way for them to gather evidence of intent, since they often communication directly with the offender. They have three main methods to catch offenders. These include undercover operations like the example above, placing ads online to attract “clients,” and even going undercover as customers to catch prostitutes and pimps.

 

Solicitation Penalties

Solicitation is a misdemeanor charge, but can still come with some serious penalties. A first offense could come with a county jail-term of up to six months. Lesser penalties include probation, community service, or a fine up to $1000. On top of that, an offender may be mandated to submit to testing for sexually transmitted diseases, such as AIDS.

Some cities in California also have diversion programs for first-time offenders. Instead of criminal charges, an offender submits to completing the program. Penalties for solicitation will only get more severe the more times an offender is convicted.

 

How You Can Mount a Defense Against Charges of Soliciting a Prostitute

As with any charge, prosecutors must show that a defendant is guilty beyond a reasonable doubt. That means that the evidence must meet every requirement to qualify for a conviction of soliciting a prostitute. Prosecutors can have a difficult time with this, since it can be hard to prove the intent of a defendant. If they fail to do this, then the jury or the judge, will determine that they haven’t made their case beyond a reasonable doubt and return an acquittal, or lesser charges. In many cases, the defendant has been able to prove that they did solicit a prostitute for sex, but there is no evidence they offered any money or goods. They may also claim that while they did offer money, they did not actually hand it over, thereby showing that they had no intent to go through with solicitation for money. It is a fine line, but in both of these cases, the defendant could be deemed not guilty.

 

Another example is a mistake of fact defense. This could arise if the defense can show there was no intent at all to trade goods for sex. For example, someone responds to an ad online for a “date” or “companionship.” The defendant may have truly only wanted someone to accompany them to an event, or just for companionship, and did not intend to engage in sexual acts.

 

Entrapment is always a concern when police officers are using undercover tactics to make solicitation arrests. In these cases, the police have somehow tricked or coerced someone into committing a crime. These can take the form of lying, threats, or harassment. Many normally law-abiding citizens have fallen prey to unfair police actions, but entrapment may be an effective defense in these cases.

 

If you are charged with solicitation, then it’s vital to contact an attorney who is experienced and knowledgeable about prostitution laws so that they can provide an effective defense for you.

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Can I be Subject to a DUI Charge From Prescription Drugs?


Can You Be Subject to a DUI Charge From Prescription Drugs?

When most people think of driving under the influence, they think of alcohol. However, there is a reason that the charge is “under the influence” and does not have the word alcohol in it. Drugs can also affect a person’s ability to drive. This includes prescription medications. Even if you use prescription medications properly in terms of dosage, they can still impair your ability to drive. Drugs can affect how well you react and how well you make decisions, and as such, you can be charged with a DUI even if you are legally ingesting prescribed medications.

Prescription Medications That Can Impair Your Driving

If you look at a medication insert, you will see a long list of possible side effects. These can include things like drowsiness, dizziness, fatigue, mood swings, and other effects that could alter your mindset while driving. Of course, these effects will be different between every individual who takes the medication. What may cause impairment in one person may not cause it in another. These effects may also be worse if the user is taking more than one medication. Be extra careful if you are taking any type of sleeping pill, antihistamine, decongestant, antidepressants, opioids, and anti-anxiety medication. All of these medications are known for having side effects that can severely impair a person’s ability to drive.

How Police Catch Drivers Under the Influence

It’s one thing to pull someone over if they are driving erratically, it’s quite another to prove that they are impaired. Oftentimes the police will pull someone over if they feel they might be DUI. It could be that they witness poor driving, or someone could have reported it. After talking with you to get an idea of your state of mind, the officer will then have to conduct a field sobriety test. They could administer a breath test, or a Standardized Field Sobriety Test. If you do not have a blood alcohol level above the legal limits, then the officer may have to request a drug recognition expert to assess the situation. At this point, the expert will administer a urine test and a blood test. The results for these tests can sometimes take a few weeks, so you may not be charged with a DUI until well after the incident.

Unlike alcohol, some prescription medications can stay in the bloodstream for up to several weeks. This can make it especially hard to determine if a driver is impaired when they are stopped. This is the reason why drug recognition experts are used. They have the expertise and the testing experience to be able to accurately gauge whether a driver is impaired by medications when they are stopped. At the time of the arrest, they will do their best to predict what medication or drug you are on. If the test results come back positive, then they will be an important part of the prosecution, and will most likely provide testimony if the case goes to court. While they can be part of the prosecution, they can also declare the innocence of a driver if they determine they were not under the influence of a drug. If they do find that you were under the influence, then you can face a DUI charge, and the penalties that go along with a conviction.

Do You Have to Submit To a Blood or Urine Test?

Under California law, it is mandatory to take a drug test or a breath test after an arrest for a DUI. There is no urine test for alcohol but it may be administered for a suspected drug impairment. The police are required to offer a choice between a blood test or a urine test for drug impairment, but they often do not, and simply offer the blood test. The officer will state “please take this blood test” and then administer it. If you refuse a drug test, there may be a penalty from the DMV, such as the loss of your license for a year. For this to happen, the police will have to prove that it was a valid arrest in the first place. If it was not a valid arrest, then you are under no obligation to submit to the testing. It’s exceptionally difficult and risky to prove that an arrest was not valid, but it could have been if the police did not have probable cause or entrapped you in some way.

When it comes to drunk driving, there are many public safety initiatives and advertisements to warn against it. However, with prescription drugs, there is not as much awareness, and many drivers are caught off guard and arrested. Make sure that you are always safe when taking prescription medications and sure that you are not opening yourself up to a DUI charge.

As with any crime, if you are charged with a DUI, it is imperative that you secure the services of a reputable and experienced DUI attorney. They will help you mount the best possible defense and help you get your best outcome.

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