Hi my name isXXXXX was just arrested for posuition in nj I saw a ad for massage I called the number I ask if she was free an what was the rate. She said 80 I said ok the told me to go to a hotel when I got there she said how long are u staying for I said 15 that's was the price she said on the phone then she said should I change in to something else I said no your fine she was wearing jean an a shirt! Then she went to the bathroom I took my shoe off an then cops come in an arrested me an cuff me but no read me my right at all asked me ?? Then told me in being arrested for posuition ! I never said anything about sex not one word an she never ask if I wanted sex! I was charged with 2c:34:1b(1)
Hello, how are you tonight?
I am sorry to hear about your situation.
So you were arrested for soliciting prostitution and you were not even looking for a prostitute?
I understand, have you retained an attorney for the case?
It sounds like you have a good case to get dismissed. If I were you the best thing you could do is hire an attorney, an experienced criminal defense attorney in your jurisdiction, that has a good relationship with prosecutors. If you do that you have a much better chance of getting the case reduced or dropped completely. Additionally, find and keep that AD!!!
That is your evidence that you were simply looking for a massage, not sex.
Additionally, if massages are something you do often, I would pull bank statements or financial information to show your tendency or liking for massages.
It is a big deal, because it is a criminal charge.
If you can not afford an attorney, you can have the court appoint one for you, if you qualify financially.
Give me a moment.
I will look it up.
Do you know what degree you have been charged with.
Give me a minute John.
Ok, here it is, are you still there?
Here is the entire law, do you mind if I post it?
b.A person commits an offense if:
(1)The actor engages in prostitution;
(2)The actor promotes prostitution;
(3)The actor knowingly promotes prostitution of a child under 18 whether or not the actor mistakenly believed that the child was 18 years of age or older, even if such mistaken belief was reasonable;
(4)The actor knowingly promotes prostitution of the actors child, ward, or any other person for whose care the actor is responsible;
(5)The actor compels another to engage in or promote prostitution;
(6)The actor promotes prostitution of the actors spouse; or
(7)The actor knowingly engages in prostitution with a person under the age of 18, or if the actor enters into or remains in a house of prostitution for the purpose of engaging in sexual activity with a child under the age of 18, or if the actor solicits or requests a child under the age of 18 to engage in sexual activity. It shall be no defense to a prosecution under this paragraph that the actor mistakenly believed that the child was 18 years of age or older, even if such mistaken belief was reasonable.
c.Grading of offenses under subsection b.
(1)An offense under subsection b. constitutes a crime of the second degree if the offense falls within paragraph (3) or (4) of that subsection.
So they are saying you engaged in the act of prostitution.
Which is subsection (1)
Therefore it is a serious offense that you need a criminal defense attorney for!
Right, thats why you need an attorney to convey that to the prosecutor!
That way, once the attorney presents the evidence to the prosecutor they can potentially drop it.
If you have a court date July 24, and do not have an attorney, I would seek to have the case continued by filing a motion to continue in the clerk's office and aquire an attorney.
I would not. They say that all the time, I would consult an attorney John!
Have I answered your questions tonight?
Do you have any other questions?
If not, PLEASE click the positive rating, by clicking the smiley face! Otherwise I can not be credited for my time with you this evening.
You still there?
Most likely not, do you have any other convictions?
Dealing in prostitution?
If you are convicted yes.
Good, then most likely you will be ok.
Great, if you do not have any other questions please click the positive rating and submit.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).