Legal Question in Criminal Law in California
Dear lawyer,
I married my wife in 2003 and we have had two children, a girl and a boy. In 2010, I got laid off and we all moved to Denmark to settle down for the rest of our life, but the INS in Denmark wanted me to go back to the United so that they can process my application.
For the above reason, I came back to the United States by myself without a family. I am very lonely and I don�t want to fall in love with any Vietnamese ladies, not because I don�t like Vietnamese females, but simply because I know if it happened, it is very hard to get out, so my friends told me to surf the internet and look for companionship as for one night stand and nothing else.
I don�t smoke, drink or dancing or ever do anything against the law, I never have any DUIs, or any other offended in my life, except two violation tickets back in 2001, when I was in the most right land of the road that supposed to make a right turn but I have decided to go straight and no more violations after that to now.
I worked for HP/Microsoft Corp, since I got back to the United States on Oct 04, 2010 and since HP lost the contract with Microsoft Corp on August 08, 2011, I got laid off. During this difficult time, I surf the net and looking for job and at the same time to look for a companionship just want to have fun with and no money involved.
I posted as a man is looking a woman for companionship, in term of sex but all those, I just copied and pasted from other posts, but a bit of modification for myself and no one ever called me, so I posted again and again in all different ways and I know for sure some of those posts, I did mention that as long as no money involved or I would asked nothing to return. One time, I was in a hurry and posted as �men looking for men� by mistake, men called me nonstop for the whole day and I explained to them that I am looking for �female� only. I was laugh hard and deleted the post immediately right after I got home.
On Oct 07, 2001, a �black� lady called me and wanted to see me as for fun. I did mention to her that �No money involved�. She, in turn, told me that she would split the rent of the motel room with me 50/50 to be fair. I however, was playing around, not because I don�t like �black� lady, but I have a feeling I don�t want. So the mutual agreement has been cancelled by both of us.
On Oct 11, 2001, a Vietnamese lady who called me and we have a conversation over the phone. She asked me about my profile, I told her that I am kind of lonely and I am looking for a companionship for fun and no money involved. She asked me what I am going to do when I make love, so I told her as a way to prove that I am a superman that I have to do this and that to make my partner to feel good and at one point, she mastubated by herself over the phone and I knew for sure she has an orgasm but I don�t know if it was a fake or real, I really don�t know. I was in shock but nothing I could do to stop her.
Anyway, about five or six minutes later, after the orgasm, she was back to normal and she told me that she has to go to work and if I want to see her, she would be available next Monday, which is Oct 24, 2011. I did call her a few times to get to see her, but she insisted it has to be on Monday, she also text me a few times during the day so I was kind of upset what is going on with this lady, so I text her over the phone that �if you want to have fun go to the motel� because I really don�t know what was going on with this lady.
However, On Oct 18, 2011, at about 3:30 PM, a lady called me and want to see me and asked me how much, to be honest with you, I never take money from a female for sex in my life, but this time, I has something to do, so everything she asked, I always say �YES�, she asked me if I want to have sex with her in her �ANAL�, I said �YES�, but again, I never did that in my life and would not do it.
When I got to the motel, I knocked the door as she has provided and walked in, it happened so quick that she took out $60 and give it to me. I told her I did said $50 not $60. She said, �NO, NO, this is for your tip�, then she I asked me again, �Will you play �ANAL� I said �YES�, but I know that I wouldn�t play and I want to explained to her that my situation is that my wife is not here so I am just looking for a companionship, the money you are given me is just for the gas that I will take not for the sex services, but it happened so quick that I have no time to say what I want to say then about four sheriffs opened the door and handcuffs me. Along the way for the paperwork for the rest of the day, I was able to get out of jail at about 1:30 AM in the next early morning.
They took my cell phone and my packpack on that day that I was arrested for further investigation and I have been told that I would be able to get those personal things back on the 25th of Oct, 2011.
Let go into details, in my backpack, I did have a few condoms and a lubricate bottle, which I always have because I have to protect myself with whoever I have sex with. I am Asian and the weakness of being a man is that I always have a Chinese oil that I used to put on my �pennis� to make it a little bit �num� so I can have sex for about 3 minutes and without using that, I would eject right away in less than 1 minutes, even whenever I have sex with my wife. I did go to the doctors and they said it is normal because I never have circumcision so it is very sensitive whenever I have intercourses.
They impounded my car on the same day I was arrested and the next day, I was able to paid $130 for the car to be release from the Police Department in Hayward and paid $250 for the car to be release from the A & B towing company.
For the cell phone I have, I know 100% for sure that no one ever called me for sex that I would collect money from them and even my email accounts, if they want to investigated, it would turn out �None�.
I, in turn, did make many called to �www.myredbook.com� to ask for how much for a �quickie�. That term is for having �sex� in about a few minutes and nothing else and the amount of money I would spend is only $20 and no more than that, because I just playing around, nothing serious and I know for sure I never able to have sex more than 5 minutes, so why I have to pay $120 to $200 for 5 minutes. If they look deep in my phone conversations or any text messages, they will know, I am telling the truth.
I did used my credit card to pay for the Motel twice back months ago, with those I went out with the same lady as she already has a family, but she has problem with her family as I am, so we both have mutual understanding and in good relationship, but no money involved at all. I don�t know if that will hurt the case they are charging me now.
They cited me with [Code 647(b) PC Prostitution], please let me know what the punishment I am going to get and is there any way I can do the community services so that I can avoid the jail time and my wife is sponsoring me to Denmark and I have to go to Denmark at any unknown time from now the end of the year in case my kids are in needed of me.
Also, if in the future, when I apply for a job, I afraid that it will effect on my job and how long it will be in my record.
I did asked a private attorney and he wanted to charge me $2,000 to handle this case and I want to know if I decide to let one of you as a (Public Attorney) to handle this case and the $2,000 instead of paying to private attorney, I will donate to the City of Hayward, where I was arrested and do the Communities Services as soon as possible.
If that not enough, I can donate $100 for each month along the way to when I can stop so that I can avoid to go to jail and not having a bad record for the rest of my life and I am not trying to show off what I have, but I do have a 4 years degree and I am so worry if it will effect on my 4 years careers from now on.
Everything I have mentioned to the best of my knowledge and the truth.
Thank you very much,
1 Answer from Attorneys
First, the attorneys that answer questions here are private attorneys, not public ones.
Next, your situation is way to convoluted to unravel through a simple question and answer on the internet. You've got potential defenses as well as immigration issues that can only be addressed through a face to face consultation with a criminal defense attorney.
If you can afford to hire an attorney, do so well in advance of your court date so that they can represent you and appear on your behalf in court. If you cannot afford an attorney, you must show up on your court date and request the services of a public defender. If you financially qualify, the judge will appoint an attorney to represent you.
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