I understand the situation, but I am not sure how I might help. What question may I answer for you?
I wasn't arrested, but can I be arrested on a later date? If I wasn't arrested right there is it likely I wont be arrested at all? It was a Craigslist ad on the phone the undercover officer said what are you into I told him. I never said any sex act in exchange for money.
To rephrase the question, you are asking if someone discovered in a prostitution sting can be arrested at a later date, and if so, what the likelihood is that they will be arrested on a later date. To start, because the nuances of every case are different, you should not rely on this information as advice or apply it to a specific situation without a more thorough consultation with counsel.
That said, law enforcement usually acts immediately or almost immediately. The more time that passes, the more likely it is that they will lose track of the offender, that memories will fade, that evidence will disappear, etc.
They do not have to effectuate an arrest immediately, but they almost always do.
Waiting works against them, not for them, so it is very rare that they have reason to not act immediately.
Does that make sense?
Great. Did you have any other questions?
Does there have to be a specific sex for money type question or conversation under California Law?
To constitute a crime for soliciting prostitution, there must be an offer of compensation for sexual acts.
So, it needs both things: (1) there needs to be an offer of compensation, and (2) the offer must be for sexual acts.
The ad was for a massage does that help? While driving there the person on the phone just asked what I was into. I told him what I was into sexually but did not. say I would give him money for sex
Well, let's examine this. Did you offer them money?
Would there be any doubt that the offer of money was for sexual acts?
Law enforcement would have to prove guilt beyond a reasonable doubt to secure a conviction of a crime, so if there is reason to doubt guilt, they can't secure a conviction.
The person said to me get comfortable and lay the money on the table. I kept my clothes on and just sat there I laid money on the table. Not taking my clothes off does this help me?
It certainly can't hurt.
Your opinion? Am I getting arrested?
As I mentioned initially, because the nuances of every case are different, you should not rely on this information as advice or apply it to a specific situation without a more thorough consultation with counsel. But, as we also discussed, you would typically expect to be arrested immediately if you were going to be arrested at all.
Should I call a lawyer on Monday?
If that is a financial option for you, it might be a good idea. At the very least, it will give you someone who is already familiar with your case if law enforcement does contact you and wishes to speak with you. Better safe than sorry, right?
Let me know if further clarification is needed, and please keep in mind that the experts are not credited for unaccepted answers; even where I cannot solve every problem in a case, my hope is that you can at least feel confident in your knowledge of your rights so you can get the best legal outcome under the circumstances, whatever that outcome may be. Please remember to click accept once you are finished. Thank you.
One last question thank you for your patience. What should I pay for an attorney lets say 1 hour.
of course I will give you credit
Where in California are you located?
Prices vary based on where you live.
In Fresno, you might expect to pay $150-$300 per hour, depending on the attorney and their years of experience. However, I recommend shopping around since a lot of criminal defense attorneys will give you a free or discounted initial consultation.
Great! I feel really lame about this. You have been great!
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