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Prostitution Laws

Prostitution is the act of receiving money in exchange for sexual services. The person who receives the money for sex is known as a prostitute and the person who pays for sex is most commonly known as a john. Often quoted as the world's oldest profession, prostitution is regulated differently from country to country. In the United States, prostitution is illegal with the exception of licensed brothels in Nevada. Below are a few of the more commonly asked questions about prostitution laws.

Can a person be charged with solicitation of prostitution if they ask an escort service how much they charge for sex?

Solicitation of prostitution is illegal in the United States. If you were asking about sexual services of an escort during your phone call with the escort service, it is very possible that you will be charged with solicitation of a prostitute. However, if you can prove that the person you were talking to was an undercover police officer, and the officer was the one who initiated the sexual service and enticed you into asking the prices, you may have a case. You need to hire an attorney to assist you in this situation. An attorney can get a copy of the taped conversation and determine if you are a victim of entrapment by the police department. If you can't afford to hire an attorney, the court will appoint one to you at your arraignment and schedule another court hearing for a later date.

I was set up by a female police officer for prostitution. What are my rights?

Case Details: The female police officer came to my home and immediately wanted to go upstairs to the bedroom. While I was in the bedroom with the woman, two officers searched my downstairs and found pot that was hidden. After they arrested me, they asked if they could search the house. The report says I was charged with solicitation of prostitution and simple drug possession. The report says they found the drugs after my consent to search, when actually, they brought the pot upstairs and showed me they had found it then asked if they could search my house. Is all this legal?

It sounds as if you willingly let the female officer in under the assumption that she was a prostitute. Once the female officer was in your home, the other police could use the excuse of protecting a fellow officer, to enter your home. They then said that they came upon the pot that was in plain sight. The police can lie about how the pot was found and anything else that happened in your home, as long as they are not sworn under oath while on the stand. This is taken from the US Supreme Court. However, the police are required to have a search warrant to search your home. The fact that the officers couldn't have seen the pot without searching for it doesn't change the fact that you still face some serious charges. Your 4th Amendment rights will be determined in court based on the issues of your case and how it was affected by the police conduct.

The prosecutor will have to prove that the police acted within their rights based on the situation. The court goes by what any officer would do under the circumstances as a standard and the prosecutor will try to show that the officers where within their rights. Once the prosecutor has finished with the officers, your attorney will have the opportunity to ask the officers questions and try to show that their actions affected your Constitutional rights.

Because all emergency situations are exceptions for the requirement of a warrant, the police will more than likely try to convince the court that they entered the home to protect their fellow officer. They will probably try to say that the search was an "incident to the arrest" which allowed them to conduct the search of anything that was in plain sight and that you later allowed for a more thorough search.

There really isn't any way to know how this will end. It isn't a guarantee that the facts that come out in the suppression hearing will give the defense an open-shut case. Generally, the courts try not to hinder the police in their efforts to stop crime based on the procedures that they use. In many cases, the court will agree that the actions of the police were acceptable under the circumstances, and the evidence against you in the hearing will go to trial. It is very important that you have an attorney to advise you of your options. Your attorney will review all of the evidence and determine whether you should go to trial or waive your rights to a hearing in exchange for a plea bargain.

Prostitution or involvement in prostitution can cause some serious legal issues as well as criminal convictions on your record. If you have questions or doubts, don't hesitate to contact an Expert to assist you with your individual situation.

Ask a Criminal Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 2456
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
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Criminal Lawyers are online & ready to help you now

Fran L.
JustAnswer Criminal Law Mentor
Satisfied Customers: 8061
18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
Ely
Counselor at Law
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Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Satisfied Customers: 1625
Over 10 years of criminal defense practice.

Recent Prostitution Questions

  • I posted an online personal for oral activity. I didn't

    I posted an online personal for oral sexual activity. I didn't expressly offer money in exchange for the act but I did hint that I was willing to offer it. A female replied and we exchanged phone numbers. She stated her age was 18. Through the process of our conversation she explained what she was willing to do, which I agreed with, and she also asked what I would be willing to pay then suggested an amount, which I agreed to. We did discuss a time frame in which we could possibly meet but did not agree on a set date or time. At my request she sent me a few photos of what I assumed to be her nude, as they did not show her face, as well as some non nude ones. Based on the information I knew I decided to search for her on a social media site, I found what I believed to be her profile based on pictures I had seen of her. From her social media profile I suspected that she might not be 18 but younger. I asked her several more times about her age which she assured me multiple times was 18. I however did not feel comfortable and steered the conversation toward and ending. I deleted all messages, pictures, and contact information and have not and do not intend to contact her again. Question is if she gets mad because I do not contact her again and threatens to go to the police am I protected in anyway and what could I be charged with? If I am charged with anything do I have a good basis for a successful defense or dismissal? If she goes to the police could she not also be charged? I am not sure she will as I haven't heard back from her but that is my worry.
    Also I never really had the intent of meeting up with anyone, the ad was more of a way to talk to people and waste time.
  • sure. Got caught yesterday for a first time solicitation charge. pretty certain I am caugh

    sure. Got caught yesterday for a first time solicitation charge. pretty certain I am caught.
    Really not very sure what to do. Going to be very hard for me to pay for a lawyer.
    Worried about my job, and any criminal charges in particular
  • Hi, I've got into some trouble today and hope you can provide

    Hi, I've got into some trouble today and hope you can provide some legal advice to me. It all started when I decided to get a massage from a women that advertised on a newspaper. I went into the woman's apartment and asked for the bathroom. There were two women inside the apartment. When I came out from the bathroom she told me that there were some police officers outside the apartment and the officers were hitting the door with some equipment. The women then opened a door which appears to be a fire stair behind it。 They told me to follow them to upstair. I was kinda panicking and do what they said. There were some old people inside the apartment upstairs and it looks like it is a place for old people to socializing. We were sitting there and later the police officers came in from the fire stairs and that was when they first saw me. They searched the whole apartment before they searched me and those women.
    The officers also took a picture of me, checked my id and wrote down my name, address and cell number. Then one of the officer told me that they knew we came from downstairs and I will/might have go to court. ( I didn't hear that clearly ) They didn't arrest me but detained one of the women and let the other woman go. I was keeping my mouth shut the whole time but be very cooperative to the officers. That is the whole story and here are my questions:
    1, I didn't do anything illegal in the women's apartment as well as the apartment upstairs, where the officers actually saw me. And base on the fact that the officers didn't arrest me or get fingerprinted from me and only checked my id, took a picture of me and wrote down my info on a piece paper. Is there a chance that they are not interested in me and probably just let me "go" without any further actions.
    2. If they've decided to send me to court, how soon do I have to wait to receive the court letter. Is it usually 30 days or less.
    3. They didn't arrest or detain me at the scene, but will they show up on my door step anytime to arrest me if they get anything from the detained woman or the phone record( I did call her before go to her apartment.)
    I have some more questions but please provide your advice to the above questions first. Thanks for your help.
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