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LegalEagle, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 1473
Experience:  12+ years experience, top 1% of law school class, managing partner of law firm
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I was "arrested" for soliciting prostitution in

Resolved Question:

I was "arrested" for soliciting prostitution in Independence, Mo. They hand cuffed me, took my picture and then gave me a summons to show up in court. Then they released me, no fingerprint, nothing, they even gave me my money back. Here's how it started I called the number in the classifieds, I went to the location. I was invited in and 3 women greeted me (clue # 1 that there was something amiss) They then told me to go into the room and then asked for the money which I handed over. They then told me to choose a girl which I did. Then one girl asked me if I brought my own condoms (clue # 2 ) I said no. The girl I chose said she was going to go and get changed and left. The one of the remaining girls told me to go and chose a condom. I went over to the other side of the bed and then the police busted in.

My question is:
1. At no time was there any sexual acts requested.
2. Was I even arrested (No finger printing)
3. The officer kept saying this was a "ticket" do I just pay the f
Submitted: 10 years ago.
Category: Criminal Law
Expert:  LegalEagle replied 10 years ago.

Let's try to get through all your questions:

1. True, no sex acts were performed, but you were not charged with having sex, you were charged with soliciting a prostitute. This doesn't require a consummated sex act. If it did, there wouldn't be many undercover cops willing to do the "job".

2. There are two methods to bring someone to court for a charge. One is to arrest them and make them post bail. If they are NOT a flight risk, they can issue a summons to you to appear. You caught a break because you were never arrested or booked, it won't show up as an arrest on any background checks.

3. I would consult with a local attorney. While solicitation may be an infraction that simply needs to be paid in whatever state you are in, we want to make sure there is no conviction on your file from this event. As such, check with local counsel. Many prosecutors have a "first-time" offenders program that avoids are record of a conviction. If applicable and available, could save you a lot of embarassment down the road.

Best wishes and good luck.

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Customer: replied 10 years ago.
Relist: I still need help.
Are you sure that this will not show up on any search.
How can I get this reduced to a lesser charge?
Expert:  LegalEagle replied 10 years ago.
All I am suggesting is that, arrests AND convictons can be located in a criminal background check. The fact that they opted not to arrest you MAY end up being as positive as there is no arrest to show up in a criminal check. However, you really should consider consulting, as suggested above, with local counsel. I fear just paying the ticket will result in this charge becoming a part of a background report whereas many deferral programs may not. I cannot offer specific legal advice over the internet, I could only offer information and advisory opinions. I hope my opinions spur you to seek local counsel to keep this most-embarrassing ticket off your record.
Customer: replied 10 years ago.
I am going to seek counsel. Thank you for this info. I am an idiot for doing this I will admit. I have never ever been in trouble before. Just to be clear, I was not arrested right? I was given a general ordinance summons and I signed so I need to be in court. Which I will go, this is like a ticket? In your experience what are the possiblities of getting the ticket reduced to a lesser charge where "prostitution" does not show up anywhere. And for that matter what charge should I be looking for?

Thanks for your help. You are awesome.
Expert:  LegalEagle replied 10 years ago.
IN every jurisdiction in which I practice, you would NOT be considered arrested. You were summoned to come to court, not arrested. I wouldn't look for a "reduction" as much as I would hope for some type of deferred prosecution. There are no a lot of lesser included offenses to solicitation, so deferral is a more realistic option!
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