A Veteran Defense Lawyer’s Perspective on Prostitution Diversion and Other Diversion Programs in California
A reporter called me yesterday to ask me about prostitution diversion programs. I guess I should be happy that someone found me online. Normally my clients are all referred, but this wasn’t a client, just someone searching Google for information.
In any event, she didn’t seem to understand some of the differences between the types of diversion programs that currently exist in California. This person was a graduate student at UC Berkley, so I will go out on a limb and say that she is quite bright, yet still didn’t understand the way things work in the California criminal justice world.
Well folks, that’s where guys like me come in. I do my best to try and guide people through the criminal justice system. Many of clients have simply never been in trouble before. They often do not understand the way the process works and my job is to help find the pathway through the potential minefield.
So, it goes like this: You get arrested. It could be for prostitution, massaging or escorting without a license, or even for drugs, theft or some other crime. After the arrest, please, please, please do you best to exercise your right to remain silent. Don’t be rude or disrespectful to the cops. Simply tell them that on the advice of your lawyer, you are going to remain silent. Give them your identification, answer the personal, identifying questions they ask you, but do not talk to them about the facts of the case.
Next, you will wait to be released from custody. Often, this will be a citation and a date to appear in court. If it is something more complicated then that, like bail or a mandatory court date, call me immediately. If not, go home and call me to set up a consultation about the case.
In the case of prostitution related offenses, there may very well be a way to avoid a conviction and even a guilty plea through a diversion program. Remember that once we enter a plea of guilty or no contest, the court will normally find us guilty, based upon that plea. This is a conviction, even if only a temporary conviction. For some purposes, like when the federal government is looking at someone’s criminal record, this is a conviction. That means even a plea of guilty which is later dismissed could have immigration or other drastic consequences. This is why it is so very important to both hire a lawyer who is highly skilled in criminal defense and to always consult an immigration lawyer if you are not a U.S. citizen.
In Los Angeles City, the LA City Attorney’s Office has a diversion program that accomplishes this goal. And, recent California law allows the judge to grant diversion (without a guilty plea) in certain circumstances. Finally, personal circumstances may create an opening for “Mental Health Diversion”, which is a bit more complicated, but can also help to forge an end result with no conviction and a dismissed case.
Outside of the City of Los Angeles, things may be a bit more difficult to navigate if you are unfamiliar with the territory. Some prosecutors may offer “informalization” of a charge or “informal diversion”, this is to say, diversion without a plea. This varies from jurisdiction to jurisdiction and case to case.
The entire state has “Judicial diversion” and “Mental Health Diversion” as established by the State Legislature. They are very different, and which one is the right choice for an individual varies from case to case and person to person. What I highly suggest, is that you are very open and honest with your lawyer when you talk about your case. Help your lawyer to help you by giving him as much information as you can. Don’t simply sit back and wait for the lawyer to ask you questions. Your lawyer is likely a very smart person but is not a mind reader. If you want him to know something, tell him, or, better yet, email it to him so that he has it in writing.
Finally, if your lawyer isn’t asking you questions about topics that seem to go a bit beyond the facts of the case, then your lawyer is not likely asking enough questions. My job is to know my client and my client’s case better than the judge and better than the prosecutor so that I can use all the tools in my toolbox to fix the problem.
If you or someone close to you has been arrested or is facing criminal charges in California for prostitution, or any other crime, call a lawyer who has the tools and experience to help.
Attorney Jeffrey Vallens (818) 783-5700 or email me: vallenslaw@yahoo.com