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Lissa M
Lissa M, Criminal Defense Lawyer
Category: Criminal Law
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Experience:  23+ years as trial lawyer, supervisor, mentor, lecturer
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I was pulled over by the police ans questioned in regards to

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I was pulled over by the police ans questioned in regards XXXXX XXXXX up and giving a ride to a "known" prostitute. No solicitation occurred whatsoever and the officer even stated he knew we did not do any acts. They let me go, but stated that the County Attorney may choose to have a warrant issued after they review the police report. I was given no ticket or notice or anything. Should I be concerned and is there anything I should be doing right now?
Hi, thank you for using JA. I am an experienced criminal defense practitioner and can offer some information.

Solicitation usually applies when either party is asking the other to engage in the acts negotiable. Some communities get state or federal funding to do 'sweeps' [ie:operation Clean Street etc.] where they grab all the prostitutes and the 'johns', which is what you might be labeled as. the idea there is to shame the men pursuing the prostitutes and make life difficult enough so the business slows down. Spring is when the street activity tends to pick up a bit more.

Most states require that there either be probable cause or reasonable suspicion OR a motor vehicle violation before a vehicle can be pulled over. The information to determine whether your car was even validly stopped would be contained in the police report and in the laws specific to your state about stopping motor vehicles.

It is possible that the police were interested in the female relative to another case under investigation and wanted to identify her; or they could be looking at you to see if you were the pimp or anyone that could be of interest.

Usually soliciting a prostitute is a misdemeanor, at least on a first offense, so it is hard to imagine they will issue a warrant as you say, rather than notify you to appear in Court for an arraignment.

Even if the police officer said he knew that nothing happened, that doesn't mean that he will write that in his report or won't exaggerate what he saw.

There is not much you can do unless you can go to the police department and obtain a copy of the police report, which in many states will be public record. You could also try going to the court about 1 week after this happened. go to the clerk's office criminal division and tell them you aren't sure if you have a court date, could they look it up; If you live in a small town and you end up arraigned on charges, it could appear in your local paper. If you are likely to suffer any embarrassment [which is what they are after in the sweep cases], you may want to prepare friends and colleagues for what they may read....but i'd still wait on that until you are sure you will have to go to court. Finally, you could write this up with a bit more detail and dates, and file it with your local ACLU and ask if they have any jurisdiction. Sometimes they are already investigation civil rights violations or personal privacy issues and are collecting information. It can't hurt.

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