Legal Question in Criminal Law in California

pandering

my friend was arrested for pandering. he was talking to an undercover cop he asked her she said no, she offered to give him money he did not take it. nor did he tell her to make any money for him. they were having conversation found out she lived in the same area. he offered her a ride home to be nice since he was going home anyway. when he got out of car they arrested him. he is being charged wth a felony how can be reduced to misdomenor or even have case dismised. he feels it was intrapment as well. he asked if he could take her to get coffee or dinner. she kept trying to talke about money and how it works. he told her he didnt know she did offer $10 but he did not take it, she asked should she be making more. he said as pretty as you are probolly. but that was it. what can we do and were can i find more info. he is a 2nd striker but no history of this type of charge. theve also changed his charge 3 times. 1st couldnt hold, 2nd pimping pandering and know pandering.


Asked on 1/17/09, 2:59 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: pandering

Your friend needs a lawyer.

There is no way to say what crime(s) your friend may have committed without knowing exactly what he said and did. I thus can't say whether a felony charge is appropriate.

The court has no authority to reduce the charges. Charges are determined by prosecutors, who are part of the executive branch of the government. Judges are part of the judicial branch. Allowing either to control the other would be a separation-of-powers violation.

Even so, the judge can rule that the evidence against your friend is insufficient to support the charges. This may (but seldom does) happen at the end of a preliminary hearing, where the prosecutor must prove that there is enough evidence to potentially persuade a reasonable jury to convict. Your friend will surely not be able to represent himself effectively at the prelim, let alone at trial. That's why he needs a lawyer ASAP.

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Answered on 1/17/09, 3:10 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: pandering

It is impossible to tell you exactly what your friend can or cannot be charged with without knowing more facts. One thing is certain - your friend needs a good lawyer right away to look into whether charges could be dismissed or beaten. Because he is a second striker, he finds himself in a very dangerous situation.

Feel free to contact me if you desire additional consultation.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 1/18/09, 11:09 pm


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