Multiple Instances of Probation Violations on a Penal Code section 647(b) Offense Resolved for No Jail Time – Court Originally Indicated 1 Year Sentence for Violations!

While being represented by other counsel, our client pled nolo contendere in 2011 to a violation of Penal Code section 647(b), “Solicitation for Prostitution.” Our client was placed on deferred entry of judgement and was ordered to take an AIDS test, complete an AIDS education class, and pay fines and fees.

Our client had failed to subsequently appear in court to provide the court with his progress on completing the sentence requirements and a bench warrant was issued. Our client was later cited by law enforcement to appear on the warrant and failed to appear in court on the citation date. Based on this failure to appear, the court added a Count 3 to the case for a violation of Penal Code section 853.7.

Our client appeared in court in 2015 as a “walk-in” and admitted the violation of probation and pled nolo contendere to the added Count 3. However, our client again failed to appear in 2016 for his proof of completion date for the program.

In December of 2019, our client was picked up in custody on his warrant and hired our office to assist him with this matter.

To begin, we had our client complete the outstanding requirements that were owed on the case – the AIDS Test and AIDS Class. We then appeared on our client’s behalf and provided the court with proof of completion of the sentence requirements. We also provided the court and prosecution with a “mitigation package” documenting our client’s good behavior since this offense. We provided the court with documentation that our client owns his own business with his wife, has a family, and has remained crime-free since this offense. The Court continued the matter and ordered that the client be present at the next hearing date.

On this next date, with the client present, the Court indicated that it was inclined to order the client to serve 1 year in the county jail for his probation violations and failure to complete the court requirements. Attorney Steve Escovar diligently and vigorously advocated for our client and argued that our client had now completed the ordered requirements, had not picked up any new offenses and had many equitable factors in his favor. After listening to Mr. Escovar’s argument, the Court agreed to allow our client to complete fifteen (15) days of community labor in lieu of his original indicated 1 year in county jail.

This is a great result for our client that allows him to maintain his business, support his family, and remain out of jail for this offense!

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


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