Criminal Law Questions? Ask a Criminal Lawyer.
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?
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.
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.
If you wish to continue, why don't you describe what the cops claim you did.
Or, if you'd like, I can go over some general things related to the statute, what to expect in court, etc.
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.
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."
What you've described sounds more like conspiracy, since no money ever changed hands.
Conspiracy is an agreement to commit and crime, and it doesn't matter whether the actual crime was ever committed.
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.
Yup. Not good.
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.
I don't know that anyone 'specializes" in pimping. A solid criminal defense attorney is who you need.
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.
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.
I've only had "garden variety" prostitution cases. Sometimes I've represented the prostitutues, sometimes the "Johns."
I'm not sure I've ever known of a pimping or pandering case where I practice.
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!
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).