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MyraB
MyraB, Lawyer
Category: Criminal Law
Satisfied Customers: 371
Experience:  I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.
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Husband of 15+ years was arrested and charged with a misdemeanor

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Husband of 15+ years was arrested and charged with a misdemeanor 647b PC in California for solicitation. He was taken into custody fingerprinted, mugshots taken, read his rights, interviewed and booked into the local jail with no bail due to an immigration hold. In the interim, he was put into a holding along with others. In the earl morning hours an ICE agent read through his file andc
looked up his record and determined that my husband was clear to go. This was my husband's first arrest. He is a legal resident alien.

The day of the arrest my husband was on his way home from working. He exited the freeway about
5+ miles from our home. He was stopped at a red light at a commercial intersection. He was driving a company work truck. His vehicle was the first at the light. On the right there was a parlor lot, Panda Express, Motel 6 and a side street. On the next corner in plain view my husband could see a car with two Hispanic men conversing with a tall striking Caucasian woman. He was en route to Loewe's and went straight through the intersectionto the other side and turned right into the driveway leading to Loewe's. As my husband was passing the aforementioned trio which piqued ghost interest and curiosity. He stopped parked his vehicle and spoke to one of the two men, who upon close inspection were actually young adults between ages of 18-20. My husband told the teenager to be careful that their lady friend was most likely an undercover cop. The teenager insisted that the lady was not and was charging 45 and my husband said, well see, I think she's an undercover cop. The two men drove through the parking lot across the street and parked in the Motel 6 parking lot. Meanwhile, the lady walked the same distance to meet the two young adults at her room. My husband had since re-entered his vehicle and followed the two. On the way, the woman said hi to my husband and he responded with hi. As he entered the driveway to Motel 6 he was idling his vehicle when the woman approached my husband's vehicle and said hi sweetie. My husband did not respond. The woman either asked do you want everything or announced she's got everything. My husband inquired either what I
s that or what is everything?
The woman responded 60, and my husband asked are you a cop? She replied, no, are you? Then, my husband asked why did she tell the other two
, 45? She ordered my husband to wait there and that she would be right back. My husband did not wait. He backed of the driveway and continued on his to Loewe's. He parked his vehicle and entered Loewe's garden department. Later, 4 undercover arrested him inside.

I believe that my husband should enter a plea of innocent of the charges and that this charge should be dropped.
1. The woman initiated communication with my husband by saying hello.
2. The woman said to my husband, "Hi Sweetie" this is a form of flirting which is not permitted in sting operations; thus allowing the undercover team vulnerable to be accused of entrapment.
3. Then, the woman initiated
the offer of 'everything.' The term everything is too general. During sting operations it is essential to be very specific, and not ambiguous which would lead to a misunderstanding that would create down create doubt as to the existence of a mutual understanding.
4. When my husband asked what is everything? That what her 2nd chance to specify exactly what is everything. She doesn't.
5. She mentions 60. She, again introduces a vague term. It is also a price that she brings it up first.
My husband did not ask the price
6. She orders my husband to wait there and he doesn't. He continues on his way to Loewe's. This
was an ordered by the police and the fact that he did not obey this command demonstrates that the


y are not engaging in an mum
a mutual agreement. In addition, now the undercover unit will not be able to apply this as indicative of a furtherance, which is often used in sting operations to their advantage.
7My husband didn't turn off the engine, he didn't park, he didn't get out.



8Since he wasn't in his vehicle wh
"














It will not be possible for the undercover to apply
any existence of any gestures as equal to agreeing first an oral contract
8. My husband does not have any previous arrests nor charges.
9 My husband has never been arrested before


10 Husband did not have condoms

.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  MyraB replied 1 year ago.
Hello and thank you for your question.

I note that you have researched the issue and have set forth the circumstances in some detail. What is your specific question? What information do you need? Please let me know in what way I can assist you and I will be happy to do so.

I look forward to working with you to provide the answer you seek.
Customer: replied 1 year ago.
I didn't realize I made so many typos. I apologize. I understand that you are innocent until proven guilty. Based on the law and the facts surrounding the arrest does it appear to your as if he was erroneously charged? If the undercover was wearing a wire and there is a recording. Are we privy to any reclerxinx
I
Or any videos? Police report?

Expert:  MyraB replied 1 year ago.

Thank you for your reply.

The police only need probable cause that a person has committed an offense to make an arrest and charge a crime. Because the facts you describe are ambiguous, the police likely had sufficient grounds to make an arrest. However, to obtain a conviction, the prosecutor would need to prove each element of the offense beyond a reasonable doubt at trial. The elements of the offense of solicitation are taken from the statute.

As you are likely aware through your research, under the statute a person commits the crime of disorderly conduct who: “solicits or who agrees to engage in or who engages in any act of prostitution. A person agrees to engage in an act of prostitution when, with specific intent to so engage, he or she manifests an acceptance of an offer or solicitation to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in prostitution. No agreement to engage in an act of prostitution shall constitute a violation of this subdivision unless some act, in addition to the agreement, is done within this state in furtherance of the commission of an act of prostitution by the person agreeing to engage in that act. As used in this subdivision, "prostitution" includes any lewd act between persons for money or other consideration.”

Therefore, the prosecutor must prove beyond a reasonable doubt 1) a solicitation or agreement to engage in an act of prostitution which is defined; 2) the specific intent to so engage 3) and manifest acceptance of offer or solicitation to engage. In addition, the prosecutor must prove some act in addition to the agreement. Based on the circumstances you describe, in addition to the defense of entrapment which you have set forth, your husband may have grounds to challenge the charge arguing that the facts and evidence are insufficient as a matter of law to support a conviction.

However, your husband would need to see the police report which would give an indication of how the police would testify. Their version of events could be very different. Your husband is entitled to copies of the police report and any video and audio recordings. Your husband would obtain these from the prosecutor through discovery. He would also be entitled to review any other evidence the prosecutor has such as witness statements. At this point, your husband may want to consult with a local criminal defense attorney who would be in the best position to advise him on his options and evaluate his defenses based on the unique circumstances of the case.

The State Bar of California has a lawyer referral service that can be found here http://www.calbar.ca.gov/Public/LawyerReferralServicesLRS.aspxWith most referrals you are entitled to a low cost half hour initial consultation. If your husband cannot afford an attorney, he may want to ask the court for the appointment of a public defender.

Please feel free to ask any follow up questions.

MyraB, Lawyer
Category: Criminal Law
Satisfied Customers: 371
Experience: I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.
MyraB and 2 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.
In looking for a criminal defense attorney what should we look for or should we accept being appointed one
from the public defenders office?
Expert:  MyraB replied 1 year ago.
Your husband will want an attorney who is willing to work with him on his defense, someone he is comfortable talking to and confiding in. I understand this may be difficult to do when you have just met someone, but you can often quickly guage whether a lawyer is abrupt or will listen and be patient and explain and clarify when necessary. Trust, confidence and communication are the attributes you may want to look for in an attorney. And not only someone who has confidence in his or her abilities, but also someone your husband can have confidence in.

Your husband would likely want an attorney who practices in the court where the charge is pending, as the lawyer would be familiar with the prosecutors, judges, court personnel, distinct procedures and common practices. Such familiarity would likely help in getting the most favorable disposition.

Despite the reputation of being over-worked, most public defenders are very competent, have alot of experience, have an arsenal of resources at their disposal and would also be familiar with the local courts and options for disposition of the case. Your husband may want to start out with a public defender and determine if he wants to stick with him or her, or hire private counsel if he is not satisfied.

Please let me know if you need any futher information.
MyraB, Lawyer
Category: Criminal Law
Satisfied Customers: 371
Experience: I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.
MyraB and 2 other Criminal Law Specialists are ready to help you

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MyraB
MyraB
Attorney at Law
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I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.