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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 89126
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I was arrested for solicitation of prostitution in the state

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I was arrested for solicitation of prostitution in the state of Alabama. I have never been arrested or in any kind of trouble in the past. I need to know the best way to try and get this off my record. I need advice. please help
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. I can understand that this may be a nerve-wracking experience and I will do my best to provide information that you seek. Please tell me:

1) You state that you were "arrested." But you have not been convicted yet, correct?
2) Have you had court at all?
3) How old are you?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.

im 35 and have not been to court yet

Expert:  Ely replied 1 year ago.
D,

Okay. Please allow me a second to explain how this works, your options, etc. Apologies in advance for the momentary wait while I am typing out your answer as I want to hit every part you may be curious about here.
Customer: replied 1 year ago.

Ok, i need to know if there is anyway to get this removed

Expert:  Ely replied 1 year ago.
D,

What Is the Charge
Under Ala. Section 13A-12-122, this is a Class A misdemeanor, which means up to $6,000 fine and/or imprisonment up to a year. But that is the worst case scenario - read on.

How Court Works
his will not be over immediately. The first setting is the arraignment where a plea is entered (NOT GUILTY). These hearings will reset several times to allow your attorney and the prosecutor (DA) to discuss a plea deal. Normally, the case is reset about 3-4 times before you have to make a choice. If you do not have an attorney at your first hearing, one may simply request a reset to get one - so yes, you may request a continuance to find counsel, although if you can find one prior to this, then great.

About 95% of such cases end in a plea deal.

Pre-Trial Diversion
Essentially, you have a choice.

1) plead guilty and simply hope that the Court takes pity on you (not recommended, and the Judge will likely not);
2) take the matter to trial and risk either being convicted, or, acquitted of charges (risky); or
3) make a plea deal with the DA.

The DA's leverage is that possible certainty that you would be found guilty if he takes this to trial.

Your leverage is not only possibility of being found not guilty if taken to trial, but also the pressure exerted unto the DA if the defense pushes for trial, which means man hours, preparation, and a lot of court time.

A very likely scenario here is that the DA will offer pretrial diversion but this is not a guarantee.

The District Attorney's Pre-Trial Diversion (PTD) Program diverts certain first-time nonviolent defendants (like you) from the traditional court system into a highly individualized and supervised restorative program. This means a fine, a few classes, and perhaps community service.

If you successfully complete the program, the case will NOT be brought to trial. The District Attorney will file a Motion to Nolle Pros the case, and there will not be a conviction.

If you have no other record and this is your first offense, this seems likely, although you should allow your attorney to negotiate for you!

Record
A record consists of:
1) an indictment; and
2) a conviction.

If you are offered and complete the program, there will be no conviction. You can then also file a quick petition to EXPUNGE the indictment, so no civil employer will be ever see it and you could safety state that you have never been arrested or prosecuted for this on an application.

So when you state "I need to know how to get this removed," this is what you mean, I presume. If so, it consists of two steps:

1) Getting that pre-trial diversion (or otherwise having the case dropped due to acquittal or a technicality) and
2) Filing to EXPUNGE, which your attorney would help you do.

Attorney
May I recommend the Alabama Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

I hope this helps and clarifies. Best of luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.

So even if I was guilty of the charges and they could prove it ie.. undercover sting operation, the scenario of the pre trial diversion would still be available.

Expert:  Ely replied 1 year ago.
Hello friend,

Usually, yes. The first time, the DA simply wants to scare you straight if it is a non-violent crime, and give you a second change. A good majority of such cases for first timers end in deferral and I am fairly sure that this is what your attorney going to push for, and, the DA is likely to agree. They know that people make mistakes. Unless this was a violent crime, this program is meant to scare you straight. So yes, this is the likelihood. Of course it is up to the DA - it is not a "right" and something that the DA has to offer, and as such, allow your attorney to negotiate for it.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.

you said a few classes, community service, and a fine, any idea how much the fine might be?

Expert:  Ely replied 1 year ago.
D,

you said a few classes, community service, and a fine, any idea how much the fine might be?

Normally this includes paying court costs (about $150 to $300) and possibly a mandatory donation to a women's causes charity of about $50 to $100.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.

ok this information helps to ease my nerves a little, lastly if this is not convicted in court and they agree to a deal like you mentioned will any of this show up on a normal background check. example.. I am on the Board of Trustees at my sons little league baseball park and every 2 years they run a check on us criminal, financial, credit , etc... or a pre employment check?

Expert:  Ely replied 1 year ago.
D,

lastly if this is not convicted in court and they agree to a deal like you mentioned will any of this show up on a normal background check. example.. I am on the Board of Trustees at my sons little league baseball park and every 2 years they run a check on us criminal, financial, credit , etc... or a pre employment check?

This goes back to my original answer:

A "record" consists of:

1) an indictment; and
2) a conviction.

If you are offered and complete the program, there will be no conviction. You can then also file a quick petition to EXPUNGE the indictment, so civil entity or person will be ever see it and you could safety state that you have never been arrested or prosecuted for this on an application.

So you'd need to :

1) Get and complete that pre-trial diversion (or otherwise having the case dropped due to acquittal or a technicality) and
2) Filing to EXPUNGE, which your attorney would help you do.

Once you do so, then it would not be on your record.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.

ok thank you for the information , I guess now I need to find an attorney,

Expert:  Ely replied 1 year ago.
D,

You are very welcome. Good luck (and ask several attorneys before settling for one), and please don't forget to rate my answer in one of top three faces and then SUBMIT – it is the only way I get credit for my time with you – or, please REPLY to keep on chatting – I want you to be satisfied.
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 89126
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Ely
Ely
Counselor at Law
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Private practice with focus on family, criminal, PI, consumer protection, and business consultation.