Legal Question in Criminal Law in California

arrest

I was arrested in the city of Oakland after picking up an underage hitchhicker and charged with PC 653.22a and 647.6a(m). The officer stopped me and I was arrested after having the female in my car for approximately 50 seconds. I want to know if you a motion for no probable cause is possible and I'm asking why I can be charged with these crimes yet I did noting but offer her a ride.


Asked on 9/29/08, 11:39 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: arrest

The young woman was probably either an undercover officer posing as a teenager, or a civilian informant acting on behalf of the police. If she was an informant she was probably wearing a microphone and your conversation with her was probably recorded. The same could be true even if she was an undercover officer.

Penal Code section 653.22a involves loitering for purposes of prostitution, and can be used against either the would-be prostitute or the would-be customer. There is no section 647.6a(m), but section 647.6(a) covers child molestation and related offenses.

Based upon the charges, the police seem to believe you were cruising the neighborhood for an underage hooker. They may even have evidence -- either on tape or in the form of the young woman's testimony -- that she told you she was under 18 and that you and she agreed on a price for sexual services.

You need a good defense attorney right away. Your need is all the more dire if you told the police any lies after they pulled you over.

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Answered on 9/29/08, 2:13 pm


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