Prostitution Bail Bonds

Bail Bond Requirements for Prostitution, Pimping, and Pandering Cases

Due to the high failure to appear (FTA) rates in court for sex crime cases related to prostitution, pimping, and pandering, most bail bond companies require full payment of 10% of the bond, along with real estate or cash collateral.

• Cash Collateral: Must cover the full bond amount.
• Real Estate Collateral: Requires 120% of the bond amount and must meet specific criteria:
  • Located in California
  • Current with mortgage and property taxes
  • No liens or foreclosure
  • The owner(s) must sign a deed of trust, have it notarized, and file it with the county
  • Property cannot be vacant land, trailers, or mobile homes

Note: Payment plans and bail bond financing are not available for prostitution, pimping, and pandering cases. Cars, jewelry, or other items cannot be used as collateral for these types of cases. GPS ankle monitoring is also not an alternative to collateral.

The Misconception of Prostitution

Historically, prostitution has been viewed as a simple exchange of sex for money. Commonly, when people hear the term "prostitute," they imagine either a drug addict on the street or a woman like Julia Roberts in Pretty Woman. However, this view oversimplifies the issue. Many individuals arrested for prostitution are ordinary people—just like anyone you might pass on the street.

California Penal Code 647 and Prostitution Laws

California Penal Code 647 outlines several laws regarding disorderly conduct, including prostitution. Understanding the legal jargon can be challenging, but here’s a breakdown of the key terms:

Prostitution

Engaging in sexual intercourse or lewd acts with the intent of sexually arousing or gratifying another person in exchange for money, gifts, drugs, or other compensation.

Lewd Act

Any act involving touching the genitals, buttocks, or female breasts of another person.

Willfully

Acting intentionally and with full awareness.

Other Consideration

Compensation made in return for the sexual act, which can include gifts or services, not just money.

Soliciting

Offering or agreeing to engage in a sexual or lewd act. This applies to all parties involved: prostitutes, clients, and facilitators.

Note: Even certain behaviors in massage, exotic dancing, or pornography businesses could result in prostitution charges, depending on how the law is interpreted.

How Prostitution Charges Occur

A person can be arrested for prostitution in one of three ways:

1. Offering to engage in a sexual act in exchange for compensation (soliciting prostitution).
2. Agreeing to engage in a sexual act in exchange for compensation.
3. Engaging in the prostitution act itself.

Bail for Prostitution Charges in California

Bail amounts for prostitution charges under California Penal Code 647 can vary greatly, depending on the county and the specifics of the crime. For example:

• Orange County: Bail is typically $1,000 for first-time offenders and $2,500 for repeat offenders.
• Los Angeles County: Bail could be up to $5,000 for a second offense.
• If probation is violated, bail could rise to $15,000.

California law limits bond companies to charging no more than 10% of the bail amount.

Legal Defenses in Prostitution Cases

Common defenses used in prostitution cases include:

Entrapment

If law enforcement used manipulation or force to coerce someone into committing a crime they would not normally commit, it may be a valid defense. However, this can be risky if the defendant has a criminal history.

Insufficient Evidence

If the prosecution cannot prove all the elements of the crime, the charges may be dismissed.

Lack of Intent

If there is evidence that the defendant had no intention of engaging in prostitution, such as no discussion of payment or no intent to follow through with the sexual act, this may be a valid defense.

No Exchange of Consideration

If no agreement for compensation was made in exchange for sex, the court may not have a case.

Sentencing and Possible Punishments for Prostitution Convictions

Prostitution charges in California are typically misdemeanors but can be felony charges if other factors are involved, such as intentionally transmitting HIV. Penalties for a prostitution conviction include:

• First offense: Up to 6 months in jail and a $1,000 fine.
• Second offense: 45 days to 6 months in jail.
• Third offense: 3 to 6 months in jail.

Additional penalties may include:

• Car Seizure: If a vehicle is used in the commission of the crime.
• AIDS Education: Completion of AIDS testing and education programs.
• Deportation: Possible for non-citizens.
• Sex Offender Registration: If convicted of certain prostitution-related crimes.

Diversion Programs for Prostitution Offenders

In some California counties, first-time offenders may have the opportunity to enter diversion programs, such as:

• Journey Out’s Prostitution Diversion Program (PDP): A collaboration with the Orange County District Attorney, this program offers an alternative to incarceration and can result in dismissed charges.
• John School: For male offenders, this program allows for reduced or dropped charges if completed successfully.

Contact OnCall Bail Bonds

If you need assistance with a prostitution bail bond in California, OnCall Bail Bonds is here to help. Our professional agents can guide you through the process, ensuring confidentiality and discretion. Contact us today for more information on how we can assist with your bail bond needs.