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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 88353
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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State : Arkansas : Benton County Charge: patronizing a

Resolved Question:

State : Arkansas : Benton County

Charge: patronizing a prostitute , my first offense

I was arrested with no cash on me and charged for that in a police sting operation but I had agreed for a $ amount with an online add via txt messages.

what could be they way in having the charges dropped ? that will be only way to keep me from being terminated at work .

would that make me a sex offender if found guilty ?

Thanks
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

A.C.A. 12-12-903 does not list solicitation or patronizing of prostitution as an offense that requires registration as a sex offender. Thus, if you are found guilty or you get some type of first offender plea deal, you would not have to register as a sex offender. As a green card holder, you would have to notify USCIS, as this is a crime of moral turpitude, but it is also not one that is considered a "significant misdemeanor or felony" that has a mandatory deportation attached. This is a criminal offense that has only a "possibility" of deportation at discretion of USCIS and in most of these cases for this type of charge deportation does not occur.

The offense of patronizing/soliciting in Arkansas is a class B misdemeanor and is punishable by up to 90 days in jail and up to a $500 fine. It is a minor misdemeanor. The offense does not require an actual exchange of money to be complete, the mere offer of money or a fee in exchange for sex is all that is required by law, meaning that you did not have to have money on you at the time you were arrested, you only had to offer to pay for sex and if they have that in an email from you then you have a tough fight ahead of you to get the case dismissed.

You certainly do need to get your attorney hired and you need to let him know about your immigration status as this has a "potential" effect on that status, but not a mandatory deportation.





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Customer: replied 10 months ago.

What could be the advise of trying to get the charges dismissed ? or try go find a diversion instead ? that would me my things I would like to get advised from .


 


Thanks !

Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your response.

Without knowing all of the evidence, I really do not know your chances of getting this dismissed, especially if they have an email you sent offering money for sex. The evidence has to be examined to evaluate your chances for that. If the evidence will not allow the attorney to argue for a dismissal, you will have to look at a deal for some deferred sentence instead.

If this were a street case where you allegedly offered money for sex and had no money on you, then your attorney had a decent argument to fight for dismissal (even though the money being present is not a required element), but if they had an email offer and response to an ad, this is something your attorney has to evaluate to see if they can get that email thrown out and if they cannot then they would seek to negotiate some type of deal for a deferred sentence.
Customer: replied 10 months ago.

ok, one last thing here , in the txts messages, I asked 2 main questions besides the agreement : a) it they were not underaged and b) if there were law enforcement, both questions were responded with no,, does that give any possible relief ?

Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your response.

I am afraid that them lying to you saying that they were not law enforcement does not save you. However, if you asked if they were a minor and they said no, this would prevent them from charging you with solicitation of a minor which is a felony and would be a registrable sex offense and one for which you would be deported.
Customer: replied 10 months ago.

The initial conversation was to try get to know the girl and invite her for dining but she said how can I make you happy and then started in proposing ways in making me happy . I invited her to have a drink and meet in person and she said no .


 


when I approached the parking lot where 'she was' she approached my window at my car and asked my name and then she moved for a sec and all the police jump on my car window and forced me out . I froze ...


 


I believe not even on what I have told you here could save me in having a chance in dropping the charges .


 


Thanks Sir

Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your response.

This is all going to hang on what you told her in the emails or text messages I am afraid. However, once the messages are reviewed it could be your attorney will find you did not agree to have any sex for money but merely offered to meet her for drinks and that could be a good defense to seek a dismissal or at least to negotiate a better deal.
Customer: replied 10 months ago.

one of the very last txt I sent was " I will meet you first and then I will decide" and I know if that is something that could be used in my defense as I had not made a final decision before seeing her ..


 


I know I have asked already too many questions sir but I am trying to portray my best recall of the situation .


 


Thanks again sir.. Please answer this last question please

Expert:  Law Educator, Esq. replied 10 months ago.
If that is what you said and the messages prove that, then you have some chance of arguing you did not intend to engage in sex for money.
Customer: replied 10 months ago.

Sir:


 


at the begining of the txt there was a $ to be agreed upon for that and the price was agreed , but one of the last txts was that I was going to see her first and then decide .


 


last question, I promise sir .


 


thanks

Expert:  Law Educator, Esq. replied 10 months ago.
That is going to hurt you that there was a price agreed upon, but again the fact that you had not committed and said you were not sure can still be a weak negotiating point. The evidence is not looked at piece by piece in this instance, it is looked at as a whole and as I said in the beginning it actually has to be reviewed closely to decide how strong an argument you have, but you at least have some argument from what you describe.
Customer: replied 10 months ago.

Thanks sir ..


 


this is bad already, just looking the good that I could find at .Embarassed


 


have a great day !


 


and God bless for you all your help .


 


 

Expert:  Law Educator, Esq. replied 10 months ago.
Thank you. Please do not forget to click on excellent service feedback as that is the only way I get any credit for providing you assistance tonight.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 88353
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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