Due to the extremely high failure to appear (FTA) in court rates for sex crime cases related to prostitution, pimping and or pandering most bail bond companies require payment of 10% in full and real estate or cash collateral. Cash collateral would need to cover the full amount of the bond. Real estate requires 120% of the bond amount and the property needs to meet specific criteria. The real estate collateral for these types of bonds must be located in the state of California, be current with the mortgage and property taxes, not have any liens and not be in foreclosure. The owner(s) of property would need to sign a deed of trust, have the deed notarized and filed with the county in which the property is located. Property can not be vacant land, trailers or mobile homes.
Payment plans and bail bond financing are not available for sex crime cases related to prostitution, pimping and or pandering charges. We do not accept cars, jewelry or anything else for collateral on prostitution, pimping and or pandering cases. GPS ankle monitoring is not available as an alternative to collateral.
For as long as can be remembered, prostitution was thought to be a fairly cut-and-dry, simple definition of sex being exchanged for money. When most people hear the word ‘prostitute’, two main images immediately come to mind: a drug addict or drunk standing on a street corner trying to get the attention of passers-by OR a scantily-clad woman reminiscent of Julia Roberts in Pretty Woman bent over a car seducing businessmen in expensive suits. In actuality, however, these images are just the extremes of an incorrectly assumed definition. Some individuals that are arrested for prostitution are just normal, respected, everyday people—people you pass on your way into the bank or stand behind in line to get your morning cup of coffee before heading to the office.
California Penal Code 647 outlines numerous laws related to disorderly conduct, including those pertaining to prostitution. The exact verbiage of California Penal Code 647(b) can be painfully complex and intimidating to try and read due to its numerous components. To put the wording in laymen terms, the laws dealing with prostitution/solicitation in California have been broken down for you below:
Prostitution- willfully or purposefully engaging in sexual intercourse or a lewd act with the specific intent of sexually arousing or gratifying another person in exchange for money, gifts, drugs, or other consideration. Anyone who offers, agrees to, or engages in prostitution can be charged under California Penal Code 647(b).
- Lewd act- any act that involves touching the genitals, buttocks, or female breast of another person
- Willfully- with full awareness; intentionally; deliberately; knowingly
- Other consideration: other forms of compensation made or given in return for or appreciation of the sexual act seemingly “innocent” payment(s) for sexual acts, usually in goods or services, such as giving you tickets to the opera, helping you move heavy furniture, or letting you drive their vehicle, is still ILLEGAL though money isn’t exchanged.
- Soliciting- offering to or agreeing to engage in a sexual or lewd act. Solicitation laws apply to all parties involved: prostitutes, clients (“johns”), and facilitators (“pimps”).
NOTE: Individuals that make a habit of “walking the line” in their massage, exotic dancing, or porn businesses—be forewarned or be in for a rude awakening. The next time you find yourself in a set of handcuffs may not be the kinky experience you imagined it to be. So, what about a nude dancer that only touches themselves? Technically, he or she may easily be breaking the law and could be arrested on prostitution or lewd conduct charges. Are you wondering how that is even possible? The law is rather vague, which allows the courts to interpret it very broadly. Furthermore, the law doesn’t specify WHO is doing the touching (as defined in the section regarding “lewd acts”). That can be interpreted to where you can still possibly be charged with lewd conduct if the act of you touching yourself (masturbation) causes the payer to become aroused or sexually gratified. Orange County is notorious for being strict on these laws and usually will require a bail bond to be posted for those arrested on prostitution and or solicitation charges.
With all of that now better clarified, a person can be arrested for prostitution in one of three ways:
- by offering to engage in a sexual (lewd) act in exchange for money or other form of payment; referred to soliciting prostitution
- by agreeing to engage in a sexual (lewd) act in exchange for money or other form of payment; referred to as soliciting prostitution. Merely smiling, winking, or nodding your head in acknowledgement to the proposed agreement is enough to get you arrested—you don’t have to be caught in the act or even exposed if the other elements are present.
- by engaging in the prostitution act
Bail for Disorderly Conduct Charges of Prostitution in California
Bail for California Penal Code 647 charges varies tremendously. Section 647 is pretty much a “catchall” of various disorderly conduct offenses and due to its complexity is not even written in many of the bail bond schedules in California. Bail will depend on the specifics of your crime, as well as the county where the crime was committed. In Orange County, bail is typically set at $1,000 for first-time prostitution offenders and $2,500 for second-time prostitution offenders. However, in Los Angeles County, a second offense could have you paying up to a $5,000 bail bond. If you violate probation (of a misdemeanor), bail may be set at $15,000. California laws mandate that bonding agencies cannot charge you more than 10% of the bail amount to post your bond. Mr. Nice Guy Bail Bonds is a local company based in Santa Ana, California that is ready to help you 24/7 with all your bail bond needs.
The court must prove numerous things in order to obtain a prostitution conviction in Orange County:
You asked to be part of a prostitution act with another individual
You willingly intended to follow through with that sexual act
The person you asked to partake in the sexual act was aware and conscientious of what you were asking or wanting to be done (in response to the sexual act)
You approve and consent to the prostitution act with the individual
You exchanged money, goods, services, or “other consideration” to further the agreement of prostitution
You engaged in the prostitution act for the said money, good, services, or “other consideration”
How much is bail bond for prostitution in Orange County?
The total bail amount will vary depending on number of offences, prior arrests and other circumstances such as drug possession. This can be anyway from $1,000 bail bond amount to a more common $15,000. Although typically we see the amount reach into the $25,000-50,000 bond amount due to other charges being added along with the prostitution or solicitation charges.
Who posts a prostitution bail bond for Orange County?
The professional bail bond agents at Mr. Nice Guy Bail Bonds are happy to assist in posting. Contact us, and we will be happy to take care of the rest.
What does it cost for prostitution bail bonds?
The bail premium charged by the bond company is usually around 10% for prostitution cases. The bond amount will depend on any number of variables, so it is important to contact a professional bail bondsman to determine the exact prices and fees associated with the crime of prostitution.
Common legal defenses in Orange County, California prostitution cases:
- Entrapment- whereby the Orange County police officers or law enforcement use coercion, force, manipulation or other tactics to entice, trick, or encourage you to commit a crime that a normal, law-abiding citizen would not have otherwise committed.
- This can be a risky defense if you have a shady background or criminal history because it will be brought up against your entrapment defense. Merely “providing you the opportunity” is not entrapment. After you initially said “no” and had no intent on breaking the law (performing the suggested act), law enforcement must have been persistent/or insistent in creating repeated opportunities for you to engage in the criminal activity.
- Defendant has the burden of proof so you must prove two things:
1) that you had no intent to commit the crime (subjective), and
2) that you only did so because law enforcement persistently tried to get you to commit the crime (objective standard- more “more likely than not” a normal, everyday person would have done the same as you)
- Insufficient evidence- Prostitution charges can hold only if all elements of the charges can be proven by the prosecutor. You (the defendant) can also show evidence of mitigating circumstances to render the prosecutors evidence inconsequential or insufficient.
- Lack of intent- This is referred to as “mens rea” by the legal system. Lack of intent is sometimes dubbed the “just kidding” defense that many accused individuals use as their defense strategy in Orange County, California prostitution For example, if you can provide evidence that a specific sexual act was never discussed, that payment was never discussed, that you didn’t have condoms or payment on you, or other evidence to the contrary of intending to participate in the charges against you, there can be proof that you were not intending to be a part of the charges against you. Your ignorance of a situation (that any normal person would have full understanding of) is not a viable defense.
- No exchange of money or “other consideration”- If you agreed to have sexual relations with another individual of legal age and there was ZERO agreement made regarding a “trade-off” of some sort (i.e. engage in sex or other lewd acts for something in return), then the court has no case against you—two consensual adults just having sex is not a crime, in and of itself.
- Denial of right to Counsel
- Violation of Miranda rights
Sentencing and POSSIBLE Punishments of Orange County, California Prostitution Convictions
The judge will use the California Rules of Court Rule 4.420 to determine length of stay in county jail for those convicted of prostitution under California Penal Code 647(b). Prostitution charges in California are usually misdemeanors. However, felony charges under California Health and Safety Code Section 120291 will be brought if the individual knowingly has HIV and engages in unprotected sexual intercourse with another individual for the purpose of infecting them with the disease. To be convicted, the court is required to show proof of intent to infect the other person. If found convicted of violating HSC 120291 (intentional transmission of HIV in California), you could face a sentence enhancement of 3, 5, or 8 years in California state prison. Additionally, if you are convicted of prostitution charges within Orange County, California and are infected with an STD, you may also have additional penalties added to your sentence.
Punishment/Sentencing for Prostitution (Misdemeanors):
1st offense- may be sentenced up to 6 months in Orange County jail and up to $1k fine;
2nd offense- may be sentenced 45 days-6 months in Orange County jail;
3rd offense- may be sentenced 3-6 months in Orange County jail
- Probation- the judge will determine probation for prostitution charges in Orange County, California by using the criteria outlined in Rule 4.414 of CA Rules of Court
- Car seizure and impounding (if you used it to engage in prostitution)- under CA Penal Code 22659.5, the vehicle can be seized for up to 30 days if you’re convicted of more than 1 prostitution violation 647(b) within the previous 3 years, and your vehicle was used to commit the current offense.
- It’s also important to be familiar with ancillary laws in order to avoid (or at least be aware of) any charges that could be brought against your friends or family. If a friend or family member offers to drive you to a job or “meeting”, you could be putting them at risk by accepting their generosity. If you borrow their car and get arrested with it in your possession, they can lose their vehicle as it is in connection with your prostitution case. Even so much as using a friend or family member’s cell phone to call a client or set up a new appointment, can leave them wide open for suspicion and possible connection to prostitution-related charges.
- Possible license suspension or restriction for up to 30 days if prostitution charges occurred within 1,000 feet of a private home and with use of your vehicle
- Mandatory AIDS testing; enrolling in and completing AIDS education classes in the County of Orange.
- Deportation from California
- Possible Orange County sex offender registration (under CA Penal Code 290.006)
- Public shaming- Some counties and agencies outside of Orange County are now using the local newspapers, their department’s website, and/or even social media sites such as Facebook to post the names and photos of individuals that have been convicted of prostitution-related crimes in California. Furthermore, some counties will also call the employers of those that work in certain career fields, such as education, law-enforcement, or the military. Not only will prostitution charges be on your record forever, but your job market will not be the same. Many professions—including being a teacher—will no longer be an option for you. So, it would be best to post bond and get working on a legal defense strategy.
- Completion of certain programs, such as Journey Out’s Prostitution Diversion Program (PDP)
- Journey Out is a non-profit organization based in Southern California that fights to help prostitutes and others who are sexually-exploited to see their true potential and self-worth, arming them with the knowledge and ability to escape from their current life of violence, sexual exploitation and abuse, and provides them assistance in starting over with a welcoming support system. In collaboration with the Orange County District Attorney, Journey Out offers a diversion program (PDP) as an incarceration alternative. Completion of the program also allows for prostitution charges to be dismissed. Though the program is heavily centered on women and girls, Journey Out does have programs available for men as well as for individuals that identify as transgender. Mr. Nice Guy Bail Bonds prides itself on being discreet and confidential; please feel free to contact us today for additional information on posting a bail bond.
- Some areas such as Orange County, California also have a “john school” or other diversion-type program for first-time offenders (male) that allows for no jail time and reduced or dropped charges on their records. For example, the Orange County District Attorney’s Office has a diversion program that allows men to have solicitation charges dropped from their records if they provide a DNA sample and complete the 6-hour or 12-hour program. San Diego has a similar program—Prostitution Impact Panel—that allows men convicted of prostitution-related charges to avoid a permanent prostitution charge on their record by reducing the charge to disturbing the peace upon completion of the program. Successful completion of the program can even eliminate possible deportation for some individuals. Other California counties offer a “john school” or other program in lieu of jail time for first-time offenders with certain requirements, such as no previous drug or violent criminal history, submission to HIV testing, and completion of class hours. Some programs can cost the convicted individual up to $1,000.