Penal Code section 647(b), Solicitation for Prostitution, Offense Dismissed After Filing of Speedy Trial Motion (Serna Motion)!

Our office was recently retained to represent our client who was being charged with violating Penal Code section 647(b), “Solicitation for Prostitution.”

According to the police reports, it is alleged that during an undercover investigation by law enforcement investigating possible human trafficking, our client prostituted herself to the undercover officer. During a search of the location, used and unused condoms were found hidden in everyday items such as brushes, lotion bottles, and shampoo. Our client allegedly agreed to have sex with the officer and began undressing herself prior to the officer identifying himself as law enforcement. Our client was arrested and issued a citation date to appear in court for a violation of Penal Code section 647(b).

Our client had hired an attorney to represent her in this matter back in 2017 for the arraignment date cited to her by law enforcement. The attorney appeared on that date but was informed that nothing had been filed. Our client never received a notify letter of another court appearance or the filing of criminal charges. Recently, our client consulted with immigration counsel to adjust her status and discovered that an arrest warrant existed for this matter. She then hired our office to represent her.

After reviewing the discovery and conducting further investigation in this matter, we determined that our client’s speedy trial rights had been violated and filed a motion requesting a dismissal of the charges due to the violation. We were able to contact our client’s prior counsel who provided our office with a declaration stating that he had appeared in court on the arraignment date and the proof of no filing provided by the clerk. We further showed that the hearing date correction allegedly mailed to our client was mailed to the wrong address and that our client had another mailing address, as provided in the DMV report given to counsel with the discovery.

We also submitted substantial mitigation documents showing that our client is the primary caretaker to her chronically ill fourteen-year-old son, that she has two jobs, and has lived a law-abiding life since the alleged incident in this matter.

After review of the motion, the prosecution agreed to submit on the motion and at the hearing the court granted the moving papers without oral argument. Thus, the court dismissed the charges for denying our client her speedy trial rights and the case was completely dismissed!

This is an amazing result for our client! If convicted of this charged offense our client would face certain deportation, denial of naturalization, and exclusion from admission.

We can help you now! Call now for a free telephonic consultation at 626.577.7700!

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The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Escovar & Avila, LLP or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction. The information on this website is a communication and is for informational purposes only. The facts of every case are unique and nothing on this page or on this website should be taken as legal advice for any individual case or situation. The information on this website is not intended to create an attorney-client relationship and viewing of this information does not create an attorney-client relationship. The result portrayed in this advertisement was dependent on the facts of this case. Results will differ if based on different facts.

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