Orange County Criminal Defense Lawyer Blog
When you are arrested for a violation of Penal Code Section 266h you need a lawyer right away. The minimum sentence for a violation of the Pimping statute is three years in State Prison. If you are convicted of this offense the judge does not have the ability to give you probation. You MUST go to prison for as much as six years. You need a great criminal defense lawyer to defend you against these serious charges.
This particular Penal Code Section states, in part, that “any person who, knowing another person is a prostitute, lives or derives support or maintenance in whole or in part from the earnings or proceeds of the person’s prostitution, or from money loaned or advanced to or charged against that person by any keeper or manager or inmate of a house or other place where prostitution is practiced or allowed,, or who solicits or receives compensation for soliciting for the person, is guilty of pimping….”
Knowing the exact language of the section is important. But, realizing what it takes to beat the charge of Pimping is critical. The main issue that the District Attorney must prove is that the person arrested and charged knew that the source of money was prostitution. That is not always easy for the District Attorney to prove. Many times the prostitute is not telling people where her money comes from nor does the person getting the benefit of it ask. Even if the defendant knows prostitution is the source of the money earned, proving that the defendant knows can be very difficult.
Maintaining a house of prostitution is not easy to prove either. Again the issue of knowledge is the key to any analysis of the charges lodged against a defendant. The District Attorney has to prove the owner of the home or business knew prostitution was being practiced by the prostitute. For example, a spa owner doesn’t go into the room with the person giving the massage. Who is to say exactly what happened inside the privacy of the massage room? Even if the masseuse is practicing prostitution it doesn’t mean the owner of the spa knows about it.
There are many variations of how someone could get charged with Pimping. The consequences are huge. If you are charged with this crime you need a Certified Specialist in Criminal Law to represent you. Why? A Certified Specialist in Criminal Law knows how to defend these cases and has the experience to take care of you in this very specific area of the law.