Legal Question in Criminal Law in California

My husband was arrested for soliciting a prostitute last week. At the time of the arrest, he cooperated with the officer fully - this to avoid jail and impound of his vehicle. He had paid the prostitute, but had not yet engaged in sexual activity. My husband suffers from bipolar disorder and is currently in a phase of instability, which includes hypersexuality - this is his first offense, he has no criminal record what-so-ever; does he need an attorney? Will his illness figure into the legal equation? In short, what should we do? And, what can we expect?


Asked on 10/29/13, 3:44 pm

3 Answers from Attorneys

David M. Wallin Law Offices OF David M. Wallin

In my humble opinion, as a Former Dewputy District Attorney , the conviction is what I would be concerned about, and not neccessarily the sentence. If he were convicted, he would have to do an aids test and be on probation for 3 years. He may not do any immediate jail. But the conviction looks terrible on his record. His mental issues may play a part in a defense attorneys negotiations with the District Attorney. You should speak to a defense attorney. Most defense attorneys offer FREE consultations. I wish you well...........David Wallin

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Answered on 10/29/13, 3:59 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Your husband's mental illness will not entitle him to an acquittal. But it may be enough to persuade the D.A. to drop the charges or -- more likely -- make plea bargain involving a lesser offense.

Being convicted of solicitation would be a serious blot on your husband's record, where it would be visible for years to come. It might have serious consequences, on top of the sentence he would receive. He needs to fight this, and he will have little chance of winning unless he has a good lawyer on his side.

If your husband can't afford to hire a lawyer, the court will appoint one for him. If he can afford counsel, he needs to hire someone himself. Either way, he should not try to handle this on his own.

Good luck.

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Answered on 10/29/13, 4:32 pm
Zadik Shapiro Law Offices of C. Zadik Shapiro

I cannot predict what will happen. But I know your husband's odds of getting diversion, dismissal or a lesser offense are much better if he has a good attorney. Among other things a good attorney will know how to use your husband's mental health condition to his benefit.

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Answered on 10/29/13, 5:15 pm


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