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xavierjd
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience:  Over 20 yrs experience in prosecution and defense work
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Was arrested for 647(B) in San Diego county. Sting operation

Customer Question

Was arrested for 647(B) in San Diego county. Sting operation via escort website. Adult decoy officer. No prior charge or recod of any kind. What to expect ? Should I get lawer ?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  xavierjd replied 1 year ago.
Thanks for using JustAnswer.com. It will be my pleasure to assist you today.

Did you set up a meeting with someone via a website?

How were you arrested? When you showed up? Did the police come to your home? Did the police seize your computer?

Thanks
Customer: replied 1 year ago.

Yes, meeting was setup via website.


 


I was arrested when I showed up at the place we agreed upon, which was a hotel. No police did not seize my computer.

Expert:  xavierjd replied 1 year ago.
Hi Arjun,

Given the type of charge, it would be in your best interest to hire an attorney. An attorney may be able to get the charge dismissed at the pre trial stage or reduced through a plea bargain. If you are convicted of solicitation of a prostitute, you will have a criminal record. Any employer, future employer, educational institution, student loan application, professional licensure, etc. will have access to your criminal history if they/it does a background check. And, background checks are VERY common these days.

Sometimes, an initial consultation with an attorney is free or at a minimal charge. You can discuss the specific facts of your case, evaluate your options and decide how to proceed. It will be well worth your time and any minimal charge, to do so.

Below is a link to two attorneys office. I AM NOT MAKING A REFERRAL. However, the sites explain the charge, what the prosecutor must prove to get a conviction, what the possible penalties are, etc. I am providing the sites for informational purposes only.

http://handslegal.com/index.php/sex-offenses/
prostitution-pc-647-b

http://www.shouselaw.com/engaging_in_prostitution.html


My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Thank you for your business!

***Answers given are for informational purposes only and are not meant to replace the advice or assistance of an attorney licensed to practice law in your state. If you need any more information, please do not hesitate to ask. Thank you!

xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience: Over 20 yrs experience in prosecution and defense work
xavierjd and 11 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi


 


I have follow up questions.


1. What is FOPP classes ? Can I enroll myself ? or It has to be ordered by judge ? Also, I have found information about diversion/differed program. Can I be offered that during arraignment by judge ?


2. If I hire am attorney and say he succeeds dismissing charge, then will it still appear in background check ?

Expert:  xavierjd replied 1 year ago.
Hi Arjun,

1. An FOPP class is a one day class that deals with prostitution, the effects on persons and the community, etc. You cannot enroll in it yourself. The prosecutor has to agree and the judge has to approve you entering into the class. It is possible that your attorney may be able to work with the prosecutor to allow you to enter into this program. If you successfully complete the program, then it is possible that the case may be dismissed. But again, you can't enroll in the program yourself.

2. You will NOT be offered a diversion/deferral program by the judge. Only the prosecutor can offer that option and the judge then must approve it.

3. If you hire an attorney and s/he is successful in getting the charge dismissed, you will NOT have a conviction. But, you need to make sure that the attorney asks that your fingerprints be destroyed and the arrest be removed from your record. Unless both of those things occur, then the fact that you were arrested will show up on a background check. However, NO conviction will show up.

Again, you should seriously consider consulting with an attorney BEFORE your court date. The attorney can discuss with you any and all possible resolutions of the case so that you don't end up with a record.

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Thank you for your business!

***Answers given are for informational purposes only and are not meant to replace the advice or assistance of an attorney licensed to practice law in your state. If you need any more information, please do not hesitate to ask. Thank you!

Customer: replied 1 year ago.

Thanks.


 


1. If I am offered either FOPP, Diversion or differed program, will that considered as conviction/guilty plead ?


 


2. Can judge dismiss the case and still ask to enroll in FOPP, Diversion or differed program ?

Expert:  xavierjd replied 1 year ago.
Hi Arjun,

If you are offered a either a FOPP, diversion, or a deferral, it will NOT be considered a conviction unless you violate any terms placed upon you by the judge. For example, you may be placed on probation. As part of the probationary period, you must complete FOPP, not get into any trouble, pay fines/costs. If you violate any of those terms, then the conviction would be placed on your record and you could be sentenced for the conviction.

The judge will not dismiss the case and then ask you to enroll in FOPP, etc. The judge would ask you to enroll in FOPP, and complete any other terms that s/he sets. If you successfully complete everything, the case would be dismissed.

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Thank you for your business!

***Answers given are for informational purposes only and are not meant to replace the advice or assistance of an attorney licensed to practice law in your state. If you need any more information, please do not hesitate to ask. Thank you!

Customer: replied 1 year ago.

1. How long does the dismissal process take ? I am planning to relocate in next 3-4 months, and I might be looking for new Job and Apartment around that time. How will these affect my ability to find new job and place to stay ?


 


2. If my case gets dismissed with help of an attorney or FOPP, can I immediately asked for expungement ?


 


Thanks.

Expert:  xavierjd replied 1 year ago.
Hi Arjun,

1. If you get a pre-trial diverson/deferral, the length of time that you are placed on probation before a dismissal is up to the judge. If you get this type of resolution and you relocate, you must ask the court to do so. When you make this request, you can also request that your probation be terminated early and that a dismissal be granted. You must have completed any class (FOPP) or any other condition set by the judge as part of the diversion.

2. If the case gets dismissed, you can immediately ask that the fingerprints be destroyed and the arrest record be removed. However, you should confirm this with your attorney.

****Your attorney may also ask for another type of plea bargain. Your attorney can ask that the solicitation charge be amended to "disturbing the peace." Hopefully, the prosecutor will agree to this AND amend it to an "infraction." If it is amended to an "infraction" the maximum penalty is $250.00 and won't appear on your criminal history. But, you will need to speak to your attorney to find out if this is possible AND make sure that your fingerprints are destroyed and your arrest record removed.

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Thank you for your business!

xavierjd

***Answers given are for informational purposes only and are not meant to replace the advice or assistance of an attorney licensed to practice law in your state. If you need any more information, please do not hesitate to ask. Thank you!

Expert:  xavierjd replied 1 year ago.
Hi Arjun,

Thank you so much for the "good service" rating! It is greatly appreciated and I am glad that you found the information useful.

If you have future questions, you can specifically request me by name as the expert.

Thanks again,

xavierjd

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