Los Angeles Criminal Lawyers Blog

California Penal Code §647 defines the different situations in which a person may be charged as engaging in disorderly conduct. Solicitation falls under this statute, and those that are accused of solicitation will be charged and tried in court.

Specifically, CPC §647 (b) makes it unlawful for any person to solicit or even agree to engage in the act of prostitution. The statute also makes it unlawful for any person to engage in any act of prostitution.

The statute defines a person as engaging in an act of prostitution when they manifest a specific intent to engage in the act. They must demonstrate an acceptance or an offer of solicitation. However, the agreement to engage in prostitution is not enough. There must also be an overt act that demonstrates a furthered intention to commit the act.
Prostitution itself will be any lewd act that takes place between persons for money or other consideration.

Lets consider an example to show what kind of act will comprise enough of an act to be charged under California Penal Code §647.

David runs into Pauline on the corner of a street and Pauline propositions David to engage in sexual behavior in exchange for $300. So far, this would constitute a lewd act as described in the relevant code section, because the acts that they would engage in are of a sexual nature and David would be paying Pauline for the acts. If Pauline had told David that she would meet him in a café, the act would not arise to prostitution. There is no lewd act and there has been no offer for an exchange of money.

Further, David agrees to meet Pauline at 9:00 PM in the alley next to his work. This is an agreement between the two. There is prostitution; however there is no overt act. There is only an agreement. Neither party has acted on the agreement and cannot be charged under the California Penal Code.

At the agreed time, David and Pauline meet in the alley as planned and David gives Pauline the money she has asked for. There is now an overt act. The agreement earlier is now supported by David following through with the agreement by actively meeting Pauline as they planned and paying her the money that she has asked.

David and Pauline will be charged under California Penal Code §647 (b). David will be charged for engaging in prostitution and Pauline may be charged under offering, as well as engaging. For a person to be found guilty of solicitation, the Prosecutor must prove each specific element beyond a reasonable doubt. An experienced Los Angeles Criminal Defense lawyer can cast doubt on each element, and prepare a strong defense that destroys the government's strongest arguments.

A person who has been charged with a criminal case in Los Angeles will be brought before the Criminal Court so that a case can be conducted to determine whether they will be guilty or not. A Prosecuting attorney will set out to prove that the person being charged is guilty beyond a reasonable doubt. The criminal defense attorney will present a defense that goes to show that there is not enough evidence to determine guilty beyond a reasonable doubt by casting doubt on the evidence presented.

There are two types of evidence that a prosecutor and a defense attorney will use to prove their arguments; direct evidence, and circumstantial evidence. Direct evidence is evidence that is directly observed, it provides direct evidence of guilt. An example of direct evidence in a DUI case is a blood test that reads over .08. A blood test reading will provide evidence that the driver was intoxicated.

Direct evidence in other criminal cases will include direct police observation, and the testimony of that officer on the stand stating that what he or she observed. If there is a case for assault, direct observation would also include a nearby witness who saw the assault happen. For example, lets say Dan and Victor were having a heated discussion on the street outside of a bar. Will is the guy working at the door and checking I.D's. The discussion between Dan and Victor escalates and Dan hits Victor. Will standing nearby witnesses the whole incident and is questioned later by authorities that are called. The testimony that Will provides will be direct evidence.

Circumstantial evidence is evidence that combined together points to the trust or supports an assertion. Circumstantial evidence will be different pieces of evidence that doesn't provide the direct truth, but infers a truth. For example, officers obtain a search warrant to search the home of a person suspected of being in possession of drugs for sale. What the officer directly observes and testifies on, will be direct evidence.
However, the drug paraphernalia, such as scales, baggies of weighed drugs and grown marijuana or what not, will be considered circumstantial evidence. The paraphernalia compiled together points to the inference that the person whose home it was, was in possession of the drugs for sale.

Direct evidence will hold more weight in court, in comparison to circumstantial evidence because it is evidence that goes to the truth of the crime, and not the truth through inference. Direct evidence may be weakened by a witness's credibility. If the person testifying is not a neutral party, their testimony may be taken lightly because there may be somewhat of a doubt of bias. In the example of Dan and Victor, Will was the neutral person offering direct evidence in the form of testimony. If Will was a friend of Dan's his testimony would be weakened in comparison to Will being a worker at the bar.

Evidence will make your case stronger, and will help cast doubt on prosecutor's case. A well prepared defense by a knowledgeable Los Angeles Criminal Defense Attorney will give you the best chance of having your case dismissed or in the very least, reduced.

When a person is charged with a criminal case in southern California, the burden is on prosecution to prove that the person is guilty beyond a reasonable doubt.

Looking at an example will provide clarification. Dan was stopped by officers on suspicion of driving under the influence. He was sleeping in the backseat of his parked car, in a parking lot, with the engine off and the key in his pocket. The parking lot was to a Target store, and no bar, club or restaurant. Dan submitted to a breath test and blew a .10, well above the legal limit for blood alcohol.

When brought before the Judge, prosecution will argue that Dan was in fact driving under the influence, even if he was found sleeping in the backseat of his parked car. They will use the facts of the situation ( known as circumstantial evidence) to create a scenario for the court that demonstrates that at some point, Dan was driving while under the influence.

They will say that he had to have gotten to the parking lot somehow since it was apparent that Dan had not drank somewhere nearby and walked to his car. They will suggest that the car is Dan's, he is the only person in it, and he has the keys. Therefore, all the facts lead up to Dan having driven to the parking lot, while intoxicated and eventually having stopped and taken a nap.

The jury will then determine if the facts prove that Dan is guilty beyond a reasonable doubt.

However, Dan has the option to present his defense. With the help of a knowledgeable DUI lawyer, Dan can prepare a strong argument that disputes one of the essential elements of a DUI case. If Dan presents a defense, he has the burden to show that the defense invalidates his guilt beyond a reasonable doubt.

A necessary element for a person to be found guilty of a DUI, is that the prosecutor's must prove the person had been driving AND intoxicated. Here, there is no dispute that Dan was intoxicated, since there is a breathalyzer proving his BAC. However, he was not observed by officer's to be driving. The prosecutor's can only make an inference, and using evidence, prove that inference is true beyond a reasonable doubt.

Dan, with the help of a DUI specialist, argues that he had not been driving but was dropped off at his car by a friend after leaving the friend's house and realizing that he was too drunk to drive, fell asleep in the backseat. His Criminal Defense lawyer then creates a scenario for the Judge that corroborates Dan's account of events that night. The car was still parked, and Dan was in the backseat sleeping. The keys were not in the ignition or anywhere near the ignition, but were in his pocket. Additionally, the attorney will likely contact the friend to testify as to Dan's story, creating a strong defense that Dan was not driving.

A strong defense to any criminal charge significantly weakens Prosecution's argument. With a weak argument, the government cannot prove guilty beyond a reasonable doubt and the case will likely be dismissed or reduced.

At the time of arrest, police officers can be a little aggressive in questioning the person being charged as well as in searching private spaces that should be protected by the Fourth Amendment. This often leads to uncooperative behavior by the person being arrested because they do not feel as if they are being treated properly.

In certain situations, uncooperative behavior can result in additional charges such as resisting arrest. California Penal code §148 (a)(1) makes it illegal for any person to willfully resists, delays or obstructs any public officer will be charged accordingly. Any penalties arising from a resisting arrest charge will be in addition to charges sentenced for the crime during which the person was being uncooperative.

If a person is convicted of a resisting arrest charge, they may be sentenced anywhere up to a year in county jail and/or a fine of up to $1,000. The final penalty will depend on the specific facts of the arrest and the person's prior criminal history. If the person has several charges of resisting arrest in the past, they are likely to have a higher penalty. Similarly, if the person was being highly uncooperative and obnoxious, there may be a higher sentence.

For example, Dan is arrested on suspicion of a DUI. When he is stopped and questioned he tells the officer he will not take any sobriety test, he refuses to provide information regarding his auto insurance and driver's license and he won't get into the police car to be taken into the station. This obstructs justice and officer's may charge him with a resisting arrest. In comparison, David is stopped on suspicion of a DUI. He continues to drive and doesn't stop. When he is stopped he kicks the officer and tries to run away from the scene. David is more likely to receive jail time as well as possible assault charges. Additionally, he will be paying a higher fine than Dan.

When a person has been arrested and charged with more than one crime, often a Los Angeles Criminal Defense lawyer can help dismiss additional charges, or in the very least, reduce the combined sentence. By providing the courtroom with positive information regarding the person being tried, the attorney presents the person in a more positive light, and as more than a case number.

If you have been charged with several crimes, it is in your best interest to consult a criminal defense specialist. They can discuss with you the different options you have and the possible defenses that will give you the best possible argument.

Many people do not realize that fraud is classified as Los Angeles theft under the California criminal code. There are many different ways a person commits fraud, one being obtaining money through false pretenses. What many people don't realize is that their actions give rise to fraud, resulting in a theft charge.

For example, we had a recent case in which a girl was working in the financial aid office of her college. She had the responsibility of receiving tuition payments from students and directing them towards their account. However, she was allocating them into her own and paying her tuition. This is a form of theft, since she was not given the money for her own expenses, and she was falsely diverting the funds for purposes that they were not intended for.

Many more common incidents of fraud are scams in which people gather money for a charity that does not exist, or money is not donated to the charity. If someone went door to door asking people to donate to the Cancer Association, but used the money for their own expenses, the actions would amount to fraud.

Similarly, certain companies promise to provide help or a service but so not follow through. For example, let's say a company came to your home and offered to paint your address on the sidewalk for a small fee and you agreed. You pay them the money, and they never come back to paint the address. The company is guilty of fraud and will be charged under the theft statute.

It will also result in fraud if the person does complete the job they have been paid to do, but does it in a manner that is not what the payee was paying for. Lets hypothesize that there is a company that says they will come pave your driveway for you at a discounted price. You agree and the workers come and pave your driveway with black asphalt. It seems to be acceptable, you have paid for a job that the workers completed. However, within a few days the "asphalt" comes off and you are left with the same driveway you had prior to hiring the company and the workers are nowhere to be found. This is a form of fraud, and the workers can be charged.

Theft offenses are serious charges under the California Penal Code and if convicted will result in serious consequences including fines, jail time and probation. A Los Angeles Theft attorney can explain the extensive theft section of the criminal code to you and discuss available defenses and options. Many cases may be reduced or dismissed with the help of strong defenses and a powerful argument made on behalf of the person being charged. With so many different ways a person can be charged with theft, there is little room to risk a permanent mark on your record. Seek the help of a professional who can guide you through this stressful process.

A commonly used defense in California drug sales, illegal gambling and prostitution cases is entrapment. Entrapment is a defense that the person engaged in unlawful conduct due to the coercion or pressure from a law enforcement officer. To be a successful defense, the person must not be predisposed to committing the illegal act being charged and there must be actual harassment, fraud or pressure directed by law enforcement towards the person charged.

Entrapment is a frequently used in situations where an undercover officer asks to buy drugs or solicit from a person who obliges and are subsequently charged with the sale of drugs or prostitution. If the entrapment defense is successful, then any evidence obtained is excluded from trial. This is what is referred to as the exclusionary rule.

For example, let's discuss a situation where Person A is a law abiding citizen. He is a family man, is a high paying vice president of a large corporation job and has never been arrested or charged with any criminal offense besides several unpaid parking tickets. Person A is approached by an officer and asked to sell him some heroin. Person A refuses and explains that he is not the person to talk to, and he wouldn't know where to obtain any illegal controlled substances. The officer insists, and begins to call and appear at places Person A is with his family. After repeatedly asking for a week, the officer calls up Person A and tells him that he will have Person A sent to jail for unpaid parking tickets and will personally assure that he serves jail time if he doesn't comply with the officer's demands. Person A, afraid of jeopardizing his job agrees and obtains the heroin. The officer immediately reports Person A and has him charged for felony drug possession. As evidence the officer presents pictures and recorded conversations of Person A obtaining the heroin from a known drug dealer and transferring it over to the officer.

In the above mentioned example, Person A should be able to provide a strong defense for entrapment, as there was clear coercion, pressure and threats from the officer. If it is successful, any evidence that was obtained through unlawful entrapment will be dismissed. In this case, the photographs and recorded conversations will not be used to prepare a case against Person A. Without that evidence, there is no case against Person A because the government cannot sufficiently prove that the person committed the crime. The case will consequently, be dismissed.

If a case has a strong entrapment defense, consult an experienced Los Angeles Criminal Defense lawyer to give your case the best possible chance of being dismissed. A knowledgeable lawyer will review the specific facts of your case and be able to analyze the strengths and weaknesses of an entrapment defense. If an entrapment defense is not the right one for you, then there may be other available options that will help your case be reduced or dismissed!

If the Criminal Defense attorney you have hired is not providing you with ethical and professional legal representation, there are several options available to you. An attorney that you have retained to represent you in your Criminal Case has certain ethical obligations to provide you with competent and diligent legal help. If you feel that you are not receiving the help that you hired the professional for, then you should look into switching attorneys as soon as possible or explore the option of representing yourself.

After you have decided that you would like to change attorneys, you must inform your attorney as soon as possible. Give them notice and let them know that a new attorney will be contacting them for the file. In criminal cases, the file is generally composed of the discovery (the police/arrest report) the attorney picked up at your arraignment. The attorney may not refuse to let you change attorneys. It is your choice if you feel that you are not being properly represented and the attorney must comply by providing you with a copy of the file. The attorney may charge a small fee for the price of copies and mailing if it is necessary.

In most cases, the retainer fee you have paid to retain the attorney is non refundable. In addition, the attorney may keep a part of your payment for work that has been completed. You are not entitled to a full refund except for in very specific situations. For example, let us assume that a client has retained an attorney for aDUI case and has paid the attorney $500 as a retainer and made a payment of $300. The attorney has been retained for a month and has made one court appearance. In addition, the attorney has spoken to the Prosecutor on several occasions, set up an alcohol rehabilitation and education program for the client to complete and has requested and reviewed the officer's report. In this situation, the retainer fee will not be refunded and most likely the $300 will also be kept. The client may also owe the attorney more based on the significant amount of work the attorney has also completed for the client. However, the client still has the right to hire new counsel, but must still pay the previous attorney.

In comparison, take a situation in which the client has just retained the attorney to represent them in a shoplifting case. The client has signed the retainer agreement and has just given the attorney $300 retainer fee and has made no payments as of yet. The client leaves the attorney's office after having hired the attorney and learns that their best friend who is also a Criminal Defense attorney will be able to handle the case for free. In this situation, the attorney has not done any work on the case since it has been a matter of minutes since they were hired. Any payment the client had made would have been refunded. The retainer is a different story. The policy for most attorneys is that the retainer is non-refundable. It's purpose is to hold the attorney so that they keep their time and schedule open for that client's case and do not accept other clients if there is a conflict. The attorney may choose to give back the retainer in this situation (and many attorneys would), but are not obligated to do so.

If you are unhappy with yourLos Angeles Criminal Defense lawyer take the necessary steps to change attorney's right away. Do not wait until you have a court date within the next few days. Give yourself time to make the easy transition and to avoid any scheduling conflicts.

Many people hire and pay asked attorney's fees so that a knowledgeable attorney can protect their rights and interests in court, but very few know their rights when it comes to an attorney that they have hired to represent them. The California code of ethics lays out very specific standards to which an attorney must adhere to when dealing with their clients.

One of the main obligations an attorney has to a client is to be open with communication. If a client calls the office, the attorney, or someone under their direction, must return the phone call within a reasonable period of time. A reasonable period of time does not mean within the hour, or as soon as possible. If a client calls the attorney on Tuesday morning, the attorney may return that call later on that day or on Wednesday. A reasonable period of time would be within that day or the next, unless of course the attorney feels that it is a matter that requires immediate attention. Matters that would demand a phone call right away would be if the client has been arrested again or if the client has a court date the following day and there has been a change to the calendar.

When you have hired an attorney to represent you, they must appear in court on your behalf, provided that they have been retained to do so. If you have a court date and the attorney has been notified but fails to appear they have violated their duty to you as your attorney. You are paying an attorney to protect your rights and interests and oftentimes a failure to appear in court can be detrimental to your case as well as your criminal record. Make sure that your criminal defense attorney is a professional and will appear on your behalf in court without you having to worry about it. A great way to check whether an attorney is responsible is to ask previous clients or look up the attorney's record on the California State Bar website. An attorney can get sanctioned by a judge if they fail to appear in court and it has an effect on the client's case. If an attorney has been sanctioned before, it will be on their public record as an attorney.

All in all, the attorney has a duty to accept cases that they feel they can handle in a competent and diligent manner. Any behavior that indicates otherwise will be cause for a case that they are not representing your best interests. You have hired a Los Angeles Criminal Defense lawyer to protect you and to fight for you. Make sure your attorney is providing you with the best possible professionalism and is getting you the results that you want. If that is not the case, be sure to understand your options and protect yourself.

When a Southern California Criminal Defense lawyer quotes you a fee for the completion of your case, several different factors will be taken into consideration. It is important to understand what the basis for the fee is in order to know whether you are overpaying, or if you are paying an adequate amount for an attorney that has the experience and knowledge that you need.

One of the biggest factors that will be considered when quoting an attorney's fees is the complexity of the case. If the case is a very simple straightforward case the fee will be much lower. For example, if a DUI case has an accident, and a blood alcohol level of .12 with another injured party involved, it is going to be a complex case. There are several factor that make it a felony, including injury and an accident as well as a high BAC. In contrast, take a DUI case where the driver was pulled over on the side of the road asleep in the backseat with a BAC of .07. The latter case is much simpler and could probably be resolved in one or two court appearances.

Whether the case is a felony or misdemeanor will make a difference when quoting a fee. Felony cases are generally more extensive, require more defense work and court appearances and consequently will warrant a higher fee. Also, the lawyer will work hard at preparing a defense that will give your case the best chance of being reduced. Misdemeanor cases generally do not require jail or prison time and can be resolved in fewer appearances requiring less time from the attorney.

If there is a prior criminal record, the Judge will be inclined to grant a harsher sentence, especially if the crime currently being charged is of the same nature. An experienced criminal defense lawyer will prepare testimonials and documents from friends and family to demonstrate the strong moral character of the client to help reduce any predisposition the Judge may have. Furthermore, the lawyer will look into rehabilitation or education programs in which the client may enroll if it is applicable to the case. This helps present the client as more than just another case number, but a person with a name. Countering a prior criminal record will require additional work on behalf of the attorney and therefore a fee quote will be higher than someone who has no prior criminal history to explain.

The attorney's reputation and years of experience will also influence the fees they charge. If an attorney has been practicing in the same community for a lengthy period of time, they have built up a strong reputation among Judges, courts and Prosecutor's and with that experience can successfully argue your case and protect your rights. Attorneys who are more established tend to charge higher fees, and it is that invaluable experience and knowledge that you are paying for.

Consider all the factors before retaining a San Diego Criminal Defense attorney to help you with your case. The most important thing is making sure that you get the least possible charge, or the case completely dismissed so that your criminal records is minimal.

One of the biggest concerns when hiring a Southern California Criminal Defense attorney is the amount it will cost you. Many people are on a budget and the expense of an attorney is not something that has been planned for, making it difficult to be able to hire an experienced and knowledgeable attorney with the budget they have. Fortunately, there are many options so that a person who needs the help of a well established attorney is able to get it.

Many personal injury cases or civil litigation type cases will allow what is known as a contingency fee. This allows the person being represented to not have to provide any money initially, or as a retainer. The attorney gets paid from any money that is awarded or part of a settlement. The general percentage given as a contingency fee is generally around 33%.

Criminal cases, however, do not use contingency fees. It is against the California Rules of Ethics for attorneys to charge a contingency rate on a criminal case. Additionally, there is rarely any money that is being sought in criminal court, therefore such a fee method would not make sense. Beware of a criminal defense attorney who agrees to do your case on a contingency basis, they may be violating ethical obligations they have to the California State Bar.

Criminal Defense lawyers generally work with a flat attorney's fees. They will quote you a flat fee that will include all work on your case as well as a set number of courtroom appearances. If your case goes to trial or becomes more complicated involving several more courtroom appearances, the attorney will let you know beforehand how much each additional appearance will cost. In most cases, only 2 to 3 appearance are required and your case is resolved and that will be included in your flat fee.

They flat fee may be high based on the specific facts and complexities of your case. In those situations experienced attorneys offer a payment plan that allows you to make payments and still get the help you need for your case. The payment plans allows a reasonable solution for those who want to hire professional and reputable legal help but feel that they cannot afford to pay the entire retainer up front.

When looking to hire a criminal defense attorney, it is also important to consider the old adage, that what you pay for is what you get. When you pay a little more for legal help, you are paying the expertise and knowledge of years of experience. The attorneys who have been practicing in the criminal law field for 30 plus years may have higher prices than those who have not, but they have handled cases like yours thousands of times. They are familiar with the courtroom, the Judge and the Prosecutor's and are able to offer you a strong effective defense in comparison to those that are new to the field and charge less for the same case.

Having a criminal record may affect your future career and educational endeavors. Be sure to give yourself the best possible chance in having your case dismissed or reduced!

When people are arrested for a crime, they are often scared and stressed out about what potential consequences they face. Hiring a Los Angeles Criminal Defense attorney can help ease the worry knowing that a trained professional is protecting your rights and fighting to minimize any penalties. However, how does a person know that they have spent their hard earned money on a good attorney, and one that will get them the results that they want? When meeting with attorneys, there are several questions you should ask them before you put down any payments.

One of the most important factors that should be considered is the Criminal defense attorney's experience the attorney has. Is your case the first that he or she is handling, or have they done the same type of case thousands of times? Ask the attorney how long they have been practicing in that particular field and how many cases they generally handle similar to yours. When an attorney is experienced they have seen the many different variations of possible facts, potential defenses and the most successful strategy and argument for the case. With this experience, they have the knowledge and expertise to proceed in a manner that will guarantee success.

Experience will also help build a solid reputation for the attorney among prosecutors, judges and courtrooms. They are familiar with the different styles of Judges and prosecutors and are able to proceed with cases accordingly. For example, if certain prosecutors are known to lean towards negotiation and will be flexible with terms, the attorney will know not to accept the first plea bargain made by that prosecutor, and will instead counter with another offer. Similarly, some Judges are known to be harder on those with prior criminal records, but an attorney who is familiar with the Judge's practice will come prepared with documents or evidence to offset the prior criminal record.

Another consideration should be for previous clients and client testimonials. What do other clients have to say about the services and responsiveness of the attorney? Did he or she promptly return calls, or did it take them a few weeks to get back to questions? The best way to get a neutral answer is to speak to clients who have used the attorney's services. Ask them how well they felt that the attorney helped answer their questions, and made them feel less stressed and worried about their case. Check with them how hard they felt that the attorney protected their rights and fought for their case to be reduced or dismissed. You can also check the California Bar website to see if an attorney has been sanctioned or had their license suspended.

The Los Angeles Criminal Defense Lawyer you end up hiring to help fight for your case should have all of the qualities that matter to you and your case. They should have experience as well as compassion and understanding of your needs and concerns. With the right combination of both you will not only get an attorney you feel confident in, but one that will get you the results you want.

Entrapment is a defense that may be used in some California Criminal cases. Entrapment is a valid defense when police officers engage in conduct that would cause otherwise law abiding citizens to commit a criminal act or unlawful conduct. Although the concept seems fairly straightforward, it is a very complex defense that must be used properly for it to be effective.

In order for someone to successfully use the entrapment defense a significant distinction must be made between opportunity and pressure, fraud or inducement. If someone is given a mere opportunity by a police officer to commit an unlawful act, it will not be enough to constitute entrapment.

The officer must have pressured you for entrapment to apply. This means applying a significant amount of pressure, not just a minimal amount. They may have offered you a high payment or bothered you until you felt that you had no choice in the matter and felt that you must complete the task they are asking of you. For example, let's assume an officer is dressed undercover and asks you to sell him some drugs, asking you to engage in the illegal act of California Drug Sales. You politely decline and the officer continues walking along. There is no pressure in this situation, the officer merely asked once and when he was turned down, he left. This is more of an opportunity. The officer offered an opportunity for you to sell drugs illegally, but since nothing came of it both parties went their separate ways.

In comparison, in another situation the officer asks to buy some drugs from you and you decline. As you start to walk away, the officer follows you begging for you to sell him some drugs. Still you refuse but the officer continues to ask you and even tells you that he needs it and will pay you triple the price. This is pressure and not opportunity. The officer is applying steady pressure and trying to persuade you and giving you a high incentive to engage in the illegal act.

The officer may also use harassment to induce a person to commit an unlawful act. Harassment includes threats or unwavering solicitation. Let's say that an officer calls you and asks you to sell him cocaine, engaging in drug sales and you say no. He then calls you everyday, even shows up at your house asking you to sell him cocaine enough though you have told him you cannot do that. Then he says if you do not sell him cocaine then he will make sure you get fired from your job and remain unemployed. This is pressure and an entrapment defense would be valid in court.

In cases where fraud is used to persuade someone to commit an unlawful act, entrapment will be a successful defense in court. If an officer has explained to you that a certain act is not illegal and you will not be prosecuted, when in fact that is not true, you will have a defense to having committed that act. If the officer explains to you that if you allow him to take drugs from your drawer and leave money without you knowing that it is not a illegal act, there may be entrapment by fraud.

The entrapment defense is very detailed, and will depend on the specific facts of each case. An experienced Los Angeles Criminal Defense attorney can explain to you when you have a strong entrapment defense for your case after reviewing the background and facts of your case.

Entrapment is a complete defense in some criminal cases. A person will be said to have been entrapped if a law enforcement officer engaged in conduct that would cause a normally law abiding citizen to commit a crime. The definition of entrapment may seem fairly straightforward, but in actuality it is a lot more complex in it's application.

Entrapment will be a successful defense when there is pressure, harassment or fraud applied by the law enforcement officer. Anything less than that will not be considered entrapment. The definition of what constitutes enough pressure or harassment is subjective, and therefore is open to many different interpretations. An experienced Los Angeles Criminal Defense attorney has handled many entrapment defenses and can determine whether a specific case has a strong or weak entrapment defense.

One of the biggest elements that will distinguish a valid entrapment defense from what is not entrapment is the element of predisposition. If a person is predisposed, has the inclination to engage in certain kinds of behavior, there is a weak argument in favor of entrapment. The Supreme Court ruling in Mathew v. United States (485 U.S. 58 (1988)) determined that entrapment will only be successful in cases where there is a lack of predisposition on behalf of the person being charged. If the government can establish that the person trying the entrapment defense was predisposed to commit the unlawful act then he or she will not be able to use the defense successfully. It won't be entrapment when the person is already willing to commit a crime and the law enforcement officer merely provides the opportunity to do so.

For example, let's assume there is a man who is a known drug dealer. In order to gather evidence, officers plan a stakeout and observe him selling drugs to other people. Then to gather further evidence they go undercover and approach the man to buy drugs from him. After refusing once, he immediately sells the drugs and is arrested. If he were to claim an entrapment defense , it would not be a strong defense because he had a predisposition to sell the drugs regardless of who it was to and without any pressure of coercion for law enforcement. The officer provided him with an opportunity to engage in criminal conduct; selling him the drugs.

Predisposition is often proven through prior conduct and reputation. If a person has been arrested and charged with sales of narcotics before, pleading entrapment on a third offense will not be a strong argument due to the previous convictions. In comparison, if a person has nothing on his criminal record and has not been known to engage in any kind of unlawful behavior in relations to drugs they may be able to present a strong case for entrapment. There is a strong case for person B, because it is harder to prove that the person has a predisposition to commit the kind of behavior they are being charged with.

Determining predisposition requires effective argument and a persuasive argument in favor of the defense. A knowledgeable Southern California Criminal Defense lawyer can prepare the most effective strategy when entrapment is in issue. There is a fine distinction between what the government will consider entrapment, and when they will find it to be inapplicable. Speak to a Criminal Defense attorney to understand your options and explore the defenses that are best for your case.

When a person is charged with Prostitution, a commonly used defense is entrapment. An entrapment defense will be successful when it can be proven that law enforcement engaged in behavior that would cause an otherwise law abiding citizen to engage in an unlawful act. If it is shown that a law enforcement officer pressured or persuaded a person to engage in prostitution, there is a strong defense in favor of the person charged and will lead to a dismissal of the case.

The legislation defines prostitution as a lewd act between persons for money or other consideration. California Penal Code § 647 (b) punishes those that solicit, agree to participate, or participate in prostitution. Therefore, if a person is pressured or coerced by a law enforcement officer to engage in prostitution they will have a valid entrapment defense. However, if there is no fraud or pressure and it can be proven that they have a predisposition to engage in prostitution the entrapment defense will not be valid. The prosecutor will demonstrate that a person has the predisposition to commit a crime through the use of any existing criminal record and proof of character. Predisposition to commit an unlawful act will strongly weaken an entrapment defense.

For example, let's say that Person A has nothing on their criminal record besides a lot of parking tickets on their record and cannot afford to pay them. Additionally, she is not known by friends and family to be of a promiscuous nature. An officer contacts Person A and asks her if she would like for him to make the tickets disappear, and all she has to do is come over to his home and engage in some activities with him. Person A says no. The officer continues to call her asking for the same, and eventually tells her that he will make sure that due to the huge amount of unpaid tickets, he will make sure that she not only owes steep fines, but will serve jail time as well. Person A, terrified at the idea and scared agrees and engages in unlawful conduct that results in a charge of prostitution.

In this situation, Person A has a strong defense with entrapment. Prosecutors may try to show that she has a predisposition to engage in solicitation or prostitution, but their argument would be very week based on the facts. She has no prior criminal
background, and a good reputation among friends and her community. Furthermore, she declined the officer's offer, but he continued to pressure her offering her a deal she needed, even threatening her with high penalties and jail time until she felt she had no choice but to concede.

Based on the facts, an entrapment defense will likely be successful, resulting in a dismissal of her case. To determine whether the facts of your prostitution case will yield a successful entrapment defense, speak to an experienced Los Angeles Criminal Defense attorney. They can provide you with an analysis of your case and discuss all the available options that you may have.

Entrapment is a full defense that is common to certain types of criminal cases. Among these are drug sales cases, prostitution and charges of lewd conduct. Depending on the specific facts of the case, as well as the individual's background, the defense may be successful and will result in a dismissal.

One of the types of charges where Entrapment is argued often is in drug sales. The typical case will involve an undercover officer who asks to buy drugs from a known dealer. The dealer sells drugs to the officer and is arrested and charged with a violation of the California Health and Safety Code § 11352. §11352 makes it unlawful for any person to be transporting or selling a controlled substance.

The defense will only be successful if the person was coerced or pressured into selling the controlled substance to the officer. It must be more than a suggestion, it must be enough to make reasonable person feel that they cannot refuse but do as the officer asks. If the person is predisposed to selling drugs then the entrapment defense will not work. The prosecutor will demonstrate that a person has the predisposition to commit a crime through the use of any existing criminal record and proof of character.

For example, Person A has been convicted of selling a controlled substance 7 years ago. He is known as a seller and officers have been observing him for two weeks. Eventually an officer goes undercover, approaches A and asks to buy some of what he is selling. Person A initially refuses and the officer starts to walk away. As the officer walks away, A calls him back and exchanges the substance for cash. Person A is arrested and charged.

In the above mentioned situation, an entrapment defense may be weak based on the facts. The person has been previously convicted of selling a controlled substance, which implies that they have the predisposition to engage in the illegal act of selling drugs since they have been convicted of the act before. Any evidence of predisposition will often weaken the person's argument for entrapment.

Additionally, in the example there is no pressure or force coming from the officer. The officer walks away after he is told no, but person A asks the officer to come back. If Person A tries to make a case for entrapment, it might be dismissed because there is no evidence of pressure or force, and it seems as if they are predisposed to sell controlled substances.

In cases involving charges of California Drug Sales, an experienced Los Angeles Criminal Defense attorney will always consider the defense of entrapment. In many cases it is a strong and effective defense. Whether it will apply in a case will depend on the specific facts of the case and the background of the person. Consult an attorney for a full analysis of your case to determine which defense is the best argument.