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The most serious incidents involved a fatal DUI crash caused by a driver engaging in a sex act in June and a shooting that injured two women in February, police said. Investigators also found the bar was open and violating health orders at the onset of the COVID pandemic. In addition, during the investigation three women were also arrested for engaging in prostitution at the bar. Police said since the beginning of the year, officers had frequently responded to calls involving fights, narcotics violations, and incidents involving weapons. A of patrons leaving the establishment were arrested for drunk driving. In July, San Jose city officials filed suit against the establishmentseeking to have it shut down as a nuisance.


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required. Phone required. The Bay Area may have a reputation for being socially progressive when it comes to sex, but prostitution remains a crime under California law.

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Not only do prosecutors in San Mateo and Santa Clara counties actively pursue solicitation of prostitution charges, the police frequently conduct stings deed to catch people in the act of solicitation. There are a of California statutes that address prostitution and related crimes. The most common type of solicitation charge falls under Section b of the Penal Code.

This language is quite broad. In other words, paying someone to masturbate in front of you is considered an act of prostitution, even if you do not touch anything yourself. It is easy for a police officer to misconstrue an innocent gesture or communication as solicitation.

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For example, if you smile and nod to a woman on the street who happens to be a prostitute, that does not necessarily demonstrate specific intent to solicit on your part. Nor does simply standing or parking your car on a street corner frequented by prostitutes. The police have no right to arrest you just because you are in a certain area.

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But by the same token, some courts have held that specific intent may be proven by nonverbal actions. Attempted solicitation could also, in theory, apply to simply standing on the street corner and nodding at someone known to be a prostitute. In reality, such charges are difficult to prove.

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A more common situation is one where an undercover police officer poses as a prostitute and waits for a potential defendant to come and make her an offer. These officers almost always wear a recording device, which can provide valuable evidence if and when someone is arrested for solicitation. In cases we have seen involving police stings, someone knocks on a hotel door after responding to a vague ad for services and is cited for solicitation with little more evidence than someone who is simply knocking on the wrong door.

Report suspected prostitution and human trafficking activity

While few would bring a case like this to trial because they want to keep the matter quiet, you should talk to an attorney about your right to keep the case off your conviction record through diversion or a negotiation with the district attorney. Whatever you do, do not try to talk your way out of the citation with police.

You have the right to remain silent and should do so to preserve your defenses. A Section b violation is a misdemeanor. For most first-time offenders, the judge is likely to sentence a defendant to probation instead. So for a second or third conviction, the judge is required to sentence the defendant to jail time. In addition, a solicitation conviction may affect your driving privileges.

You might be wondering if a single solicitation arrest with no other charges will lead to you being placed on the California Sex Offender Registry.

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As a general rule, that is very unlikely to happen. While many types of sex crimes automatically require registration upon conviction, misdemeanor solicitation is not one of them. But under state law, a judge does have the discretion to order registration as a sentencing condition for any crime, including a Section b violation.

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Is that likely to happen? No, especially with first-time offenders. As with any criminal charge, the first thing you should do is contact the qualified San Mateo and Santa Clara criminal defense attorney at the Law Office of James Dunn. If this is the first time you have ever been arrested, it can be scary and overwhelming. We can walk you through the process and make sure the police and the prosecution respect your constitutional rights.

If a negotiated plea is not possible, we will fight for you in court. Solicitation cases are often built on insufficient or untrustworthy evidence.


Sometimes the police outright resort to entrapment—essentially pressuring the defendant into breaking the law—which is itself illegal. Whatever the truth, we can get to the bottom of your case and work to achieve the most favorable outcome. Call us today if you have been charged with any type of prostitution or sex offense and need immediate legal assistance. A conviction in a California court for this kind of offense on your record can damage your chances of employment, and can pose immigration issues for non-citizens.

An accusation that you have engaged in any kind of prostitution or solicitation offense is serious, and could result in serious penalties — if you are facing charges you should contact the Law Office of James Dunn immediately to discuss your case with one of our experienced lawyers.

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Sex crime charges depend on swift action, which is why the firm offers free case evaluations to all prospective clients. There is too much to lose to be hesitant about retaining a qualified criminal defense attorney who will vigorously defend your freedom. He got me the best possible outcome after miscommunications with the courts, mostly my lawyer was to blame.

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I like him, he is personable, he called to check on me, I could call him and actually reach him, not go through a secretary and hope to be reached in the same day like my last lawyer. I would definitely hire him again and even form a partnership to become the family lawyer. If you have a run in with with law, you want Jim Dunn on your side, he only tells you the truth, and genuinely wants to help you! Automated speed optimizations for fast site performance. CA Association for Criminal Justice Member of organization dedicated to preserving rights of people accused of crimes.

National Police ability Project Member of organization dedicated to ending police abuse. National Associations of Criminal Defense Lawyers Member of organization that fights for a fair and humane legal system. Accused of Solicitation of Prostitution? Reviewer: Charlie M. Also we attend most misdemeanor cases without client required present.

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David Davies, 57, and his wife, Larong Hu, have been charged with 10 felony counts related to an alleged sex-trafficking operation that spanned through Palo Alto, Milpitas and San Jose.


Dressed in a blue lace teddy and pink ankle socks, a young woman opens the door expecting her third client of the night.


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