Felony Prostitution with a Minor Charge Results in Gross Misdemeanor Sentence
Mike Brandt’s client was caught up in a sting and was charged with Prostitution with a Child Under the Age of 16. Because of the way the matter was charged, Mike’s client was facing a felony conviction which, if convicted, would have haunted his client for the rest of his life. In preparation for the case, Mike had his client obtain an evaluation that recommended counseling and Mike’s client started with the counseling before he went to court. Mike also provided significant documentation to the court detailing the client’s background which, among other things, showed that Mike’s client had served in the Armed Forces.
At sentencing, Mike brought a motion for a downward departure and asked the judge to sentence the matter as a gross misdemeanor rather than a felony. In addition to providing information about his client, Mike also submitted a motion and memorandum detailing the reasons the court should depart. At the sentencing hearing, the court agreed with Mike and sentenced the case as a gross misdemeanor, rather than as a felony. Mike’s client was placed on probation for two years, was required to perform 15 days of Community Work Service and continue with counseling. Because of the Gross Misdemeanor sentence, once Mike’s client finishes probation, Mike’s client will be eligible to have the record expunged (sealed) after four years. None of that would have happened if the client was sentenced as a felon.
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