Compton, Prostitution Sting, Judicial Diversion, Dismissal

It was about 6:30 p.m. on a weeknight in December, so it was dark.  Our client’s attention was drawn to the other side of the street where there was a Hispanic woman, wearing a very short skirt and standing along the side of the street, waving to passersby.  Our client, age 44, gawked at her, drawing her attention, then drove down the street, turned around and approached her, slowing down and pulling over to tell her she was beautiful.

In a Nutshell:  Client on probation for DUI arrested in prostitution sting operation on Long Beach Boulevard, just north of the 91 Freeway, in Compton.  Client agrees to $60 for sex with the decoy.  Case resolved in Compton Courthouse for judicial diversion (which he actually was disqualified from due to his recent conviction for DUI), a program that is no longer available. 

The woman was a police decoy, however, our client did not realize this (or that she was recording the conversation on tape).  She thanked him for the compliment.  Our client then asked her if she was looking for a date.  The decoy responded that she was a working girl, which is a way of saying that she is a hooker, and asked him what he wanted.  He responded sex and she told him her fee was $60.

The decoy deferred, telling him there was too much traffic at her present location, suggesting she might be visible to police.  She therefore told our client to move forward and pull around the corner onto Bullis Road so she could meet him there instead.

Greg explained eligibility for judicial diversion (under AB 2124, the first judicial diversion program, ending in 2017), which would lead to a dismissal, was limited to those who had no convictions in the last ten years, so our client’s recent DUI excluded him.  However, Greg described how on occasion, a prosecutor would not run a rap sheet on a defendant in a crime such as prostitution, so it was possible that his recent DUI would not be known.

Greg then appeared on the client’s behalf at the arraignment in the Compton Superior Court.  The District Attorney was extremely young, perhaps just out of law school.  Her offer was that our client plead to a violation of Penal Code § 647(b), solicitation of prostitution, and be placed on three years of summary probation, serve ten days in county jail, pay a fine of $300, plus penalties and assessments, take the AIDS education class and HIV test and stay away from the area where arrested.  Greg tried to negotiate with the young DA, who said she could not alter the plea bargain without her supervisor’s approval.

Greg noted that the file materials given to him did not include our client’s rap sheet, so the recent DUI conviction was not known to the prosecutor or the judge.

Greg then explained to the judge that the file materials showed our client was eligible for judicial diversion and that the judge could order this.  Greg then requested such an order.   The judge agreed and ordered our client’s case dismissed in a year if our client performed 80 hours of community service and took an AIDS education course and HIV test.

Greg explained what had happened to the client, who was extremely happy for his good luck and Greg’s handling of the case, as he will now be able to keep his job of 22 years and not be fired.

For more information about prostitution, please click on the following articles:

1. What Is Penal Code § 647 (b), Prostitution and Solicitation for Prostitution?
2. Appeals Court Affirms LAPD Officer’s Conviction for Solicitation of Prostitution (Penal Code § 647(b))
3. What Punishment Do I Face for a Charge of Prostitution?
   

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