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Marsha411JD, Lawyer
Category: Criminal Law
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I answered an internet post (no details given on the phone

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I answered an internet post (no details given on the phone or in the add). The undercover officer asked me what I wanted...I replied looking for company this happened twice. She then suggested "sex, blow job and or anal". I told here I had never done anal and that might be nice. She then asked how much money I brought with me (not what I was willing to spend or give her)...I stated an amount. She then said sure I can give it all to you stating again the acts for that amount. She then asked me if that is what I would like. I believe I said ok or yea (somthing like that). That is when the other officers came in and arested me. I did not think I agreed to any thing at this point...what I would like and agree to are very different things. My question is was this entrapment or a somthing? Is there a defense for this since I origanally just wanted to chat with her and maybe a massage (nonsexual)?

Submitted: 2 years ago.
Category: Criminal Law
Expert:  Marsha411JD replied 2 years ago.

Hello,

Can you tell me exactly what the "internet post" said that you responded to?

Customer: replied 2 years ago.

Somthing like spend some time with a beautiful 29 yo blonde. It also said somthing about quiet time or arm candy. I can not remember exactly. Sorry.

Expert:  Marsha411JD replied 2 years ago.

Hello again,

No reason to apologize, but that information may be important for case. The reason is because if the language clearly indicated what you were calling for, then the discussion when you actually met would not make the situation an entrapment situation. In other words, entrapment is when a law enforcement agent induced a person to commit an offense that the person would otherwise have been unlikely to commit. If the person who is charged was ready and willing to commit the crime, then there is no entrapment.

So, that is why the language of the ad and what reasonable minds would think that it represented would be important. If it weren't for the ad, then the balance of the discussion does raise some potential issues of entrapment. However, without knowing all the facts, including those from law enforcement's perspective, I wouldn't be able to say for sure. What I can say though is that you should definitely discuss the details with a local criminal defense attorney to see if they think you have a viable defense of either entrapment or even lack of intent.

I, like the other Experts on this site, am here to assist customers like you. However, we do so in anticipation of being paid for our efforts, just like other professionals do, since this is our livelihood and not a hobby. To that end, I am more than happy to clarify my answer to you and answer any related follow up questions that you might have for the value that you have offered for the question. In return, I ask that you show good faith in compliance with the TOS by accepting my answer, whether the news is good or bad, so that I will be paid for my efforts.


Marsha411JD, Lawyer
Category: Criminal Law
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Experience: Licensed attorney with 27 yrs. exp. in criminal law
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