Legal Question in Criminal Law in Virginia

Solicitation of Prostitution

I am appealing my original case of ''solicitation of prostitution.'' I kind of thought when I appeal I would be entitled to a different prosecutor. I still think I was entrapped, but my new attorney says no deal. I tried the angle of ''my first attorney being incompetent.'' (he even showed up 45 minutes late) My new attorney said no to that, too. I didn't appreciate my new attorney calling the prosecutor ''a nice guy'' Whose side is my new attorney on, anyway? Essentially, I don't think I solicited the undercover officer. My new attorney says I can't win and so I have to accept a plea agreement that is no different than the outcome of the original trial. I am going to have to do jail time and accept being guilty. I am pretty sure that I will not find a job after this. This is going to be a devastating blow.

Asked on 6/04/07, 4:55 pm

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
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Re: Solicitation of Prostitution

If you want to go to trial in the circuit court before a jury on this solicitation charge, you have the absolute right to do so and to put the Commonwealth to the test of its evidence, and require that they prove you guilty of the charge beyond reasonable doubt. And, you certainly don't have to accept any plea agreement

that you believe is likely to give you a no more advantageous disposition of your case than if you went to trial and were found guilty, even if your attorney disagrees with your position/decision upon this matter.

Your attorney is suppose to be working for you(and not the reverse) to achieve your lawful objectives, even if he or she is court-appointed. And that would certainly include representing you at trial in defense of the charge(s) against you even if

the attorney disagrees with that particular course of action.

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Answered on 6/04/07, 6:23 pm

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