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Ask S. Huband, Esq. Your Own Question

S. Huband, Esq.
S. Huband, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 1195
Experience:  Experienced and knowledgeable criminal defense attorney.
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What to do if charged with 18.2-357? Please only Virginia lawyers

Resolved Question:

What to do if charged with 18.2-357? Please only Virginia lawyers reply
Submitted: 11 months ago.
Category: Criminal Law
Expert:  S. Huband, Esq. replied 11 months ago.

S. Huband, Esq. :

Thank you for the opportunity to assist you. I am a XXXXX XXXXXcensed criminal defense attorney. 18.2-357 is one of the "pimping" statutes. The Commonwealth claims that you were sharing in the proceeds of prostitution. Do you wish to share additional facts about the allegations against you?

S. Huband, Esq. :

To find a person guilty of 18.2-357, the Commonwealth has to prove that the defendant accepted part of the earnings a prostitute obtained when he or she engaged in sex and was paid. You read this section in conjunction with 18.2-356, aka the "pandering" statute. This is where a person is paid to arrange for a prostitute to have sex with a third party.

Customer: Hi and thanks for the quick reply.. I'm sorry I don't know your first name therefore if it's ok I'll refer to you as S. Before we continue , how confidential are these notes that we're exchanging and can it be accessible by authorities if required?
S. Huband, Esq. :

This chat and the site in general is not confidential at all. Although I am an attorney, you are not a "client" in the sense that we have a confidential relationship. I'm sorry. I cannot see your name, where you're from, etc., if that helps at all.

S. Huband, Esq. :

If you wish to continue, why don't you describe what the cops claim you did.

S. Huband, Esq. :

Or, if you'd like, I can go over some general things related to the statute, what to expect in court, etc.

Customer: My friend was charged with pandering last week and awaiting trial, he never received any money but got a hotel for his female friend (20 y/o) since she didn't have a credit card and her female friend asked to use his card to pay for online advertisement .
Customer: Even though no money was ever taken from her the text messages between the two shows an intent to share the income
Customer: When I asked him why did you agree to this he told me he merely wanted to help her and even though he said he would share the income he never took a penny from it
Customer: Btw he's in VA
S. Huband, Esq. :

Gotcha. Pandering and pimping are different. Pandering happens beforehand. If I am a bellhop at a hotel, and I arrange for a guest to have a prostitute visit his room, and the guest pays me to "hook him up", that's pandering.

S. Huband, Esq. :

Pimping is after the fact. That's where a prostitute has sex, gets paid, and then shares some or all of her earnings with the "pimp."

S. Huband, Esq. :

What you've described sounds more like conspiracy, since no money ever changed hands.

S. Huband, Esq. :

Conspiracy is an agreement to commit and crime, and it doesn't matter whether the actual crime was ever committed.

Customer: Even though the "plan" was written on txt msgs?
S. Huband, Esq. :

There's no requirement for a writing to prove conspiracy, but yes, texts would suffice if it can be shown from whom and to whom the texts were sent.

Customer: That's my concern :/
Customer: What seems damaging to this is even though money wasn't exchanged they both had made plans to do this via txt msg
S. Huband, Esq. :

Yup. Not good.

Customer: Even though he mentioned in his text that he would do all this the split it, he genuinely says that wasn't the intent
Customer: The defence lawyer I should be looking for him should specialize in pandering cases or any criminal lawyer will do?
S. Huband, Esq. :

Pimping (which is 18.2-357) requires money to change hands between the prostitute and the pimp. So, if the texts essentially say "sure let's split your earnings" but it cannot be proven any money changed hands, it's a no go.

S. Huband, Esq. :

I don't know that anyone 'specializes" in pimping. A solid criminal defense attorney is who you need.

Customer: Any referrals ?
S. Huband, Esq. :

I can't refer a specific person or firm, I'm sorry. That's against site policy. The only referral I can make is to the Virginia State Bar attorney referral service.

Customer: Much appreciated ...
Customer: Last question , the fact that he's in his late 30's with a clean record , would that help hi much?
Customer: And if you've ever dealt or heard of a similar case in VA I would appreciate to hear what the outcomes were generally
S. Huband, Esq. :

Absolutely. The first step is to retain an attorney and talk out the case. Decide if a trial or plea is the best way to go. If your friend has a clean record, perhaps a reduction to a misdemeanor, or a dismissal in exchange for community service, probation, etc., would be possible. It all depends on the prosecutor, the jurisdiction, the evidence, etc.

S. Huband, Esq. :

I've only had "garden variety" prostitution cases. Sometimes I've represented the prostitutues, sometimes the "Johns."

S. Huband, Esq. :

I'm not sure I've ever known of a pimping or pandering case where I practice.

Customer: I understand , much appreciated and goodnight
Customer: For answers related to his automobile seizure should I open another question?
S. Huband, Esq. :

Yes.

S. Huband, Esq. :

And I hope I've been helpful to you. Please ask for me again in the future if you have additional questions. If I've answered all your questions tonight, please take a moment to rate my answer positively so that I can receive credit for my work. Best wishes!

Customer: Ok thank you
S. Huband, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 1195
Experience: Experienced and knowledgeable criminal defense attorney.
S. Huband, Esq. and 5 other Criminal Law Specialists are ready to help you
Expert:  S. Huband, Esq. replied 11 months ago.
Hello again,

I was notified that you rated the answer I gave positively, and I am very pleased and gratified that I was able to help you. I sincerely hope the matter(s) we discussed turn out well for you.

Please ask for me in the future if you have additional questions or concerns. Thank you very much for the opportunity to assist you.

Take care,
Shuband

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