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Is a police officer arrested a escort and my number was in…

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Is a police officer arrested...
Is a police officer arrested a escort and my number was in her phone and or text messages can I be arrested as well? I live in Nebraska.
Submitted: 6 years ago.Category: Criminal Law
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Answered in 13 minutes by:
2/5/2012
Criminal Lawyer: Joseph, Criminal Defense Lawyer replied 6 years ago
Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7,280
Experience: I have 15 years experience in criminal litigation including several years as a felony prosecutor
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My thought is that it is unlikely anything will happen to you. I say this as there could be many problems with such a prosecution.

 

First, just because the text messages show your phone number doesn't mean that you were the person sending the messages. Additionally, the messages, in and of themselves, likely do not demonstrate the actual commission of a crime anyway. While they may demonstrate contemplation of a crime, it would seem unlikely that they demonstrate the completion of the crime.

 

Also, police officers generally like to have rather solid evidence of a crime. With nothing more than text messages, it just seems too problematic. While you might think that the escort could testify against you, prosecutors generally disfavor such testimony as it is less than compelling.

 

Please let me know if anything requires clarification.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7,280
Experience: I have 15 years experience in criminal litigation including several years as a felony prosecutor
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Customer reply replied 6 years ago
Thankyou so much you have put my mind at ease sir! In other words just because your in the phone police want proof of the act or the money being exchanged such as a sting. What if the texts questioned sex acts?
Criminal Lawyer: Joseph, Criminal Defense Lawyer replied 6 years ago

Yes, the police would need something more than just text messages going back and forth. So you know, as a criminal defense attorney, I have handled quite a few such escort cases. In those cases, I have never seen a customer arrested on such scant evidence.

 

Also, I don't believe that the additional information regarding the text messages would change my perspective. Again, this just doesn't seem to be enough for a viable arrest and/or prosecution.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

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Customer reply replied 6 years ago
What if the texts messages suggested the removal of a bra and the touching of breasts, and me mutually masturbating myself to her, but never spoke of actual intercourse or a bj. Sorry for being so descriptive but I just want you to know the facts I am worried about it. Thanks again for all your Help.
Criminal Lawyer: Joseph, Criminal Defense Lawyer replied 6 years ago

In my opinion, this is not enough. While it's always a bit difficult to say what, exactly, constitutes "enough" evidence, I would suggest that it would take something unusually compelling in regards XXXXX XXXXX messages. As an example, I would suggest a text message exchange that includes a description of sex acts, a description of money in exchange for the sex act and statements indicating that the money for sex exchange occurred.

 

Even there, the statements would likely be considered hearsay and, as such, inadmissible. In sum, I would suggest that a prosecution with no evidence other than text messages is quite improbable.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

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Customer reply replied 6 years ago
One last question sir. The texts do speak of donation amounts In a hr or 1/2 rate but that is all.
Criminal Lawyer: Joseph, Criminal Defense Lawyer replied 6 years ago

I don't see this as causing you any difficulty. In my opinion, and based on my fifteen years as a prosecutor and defense attorney, I do not see law enforcement pursuing the matter or making an arrest. Similarly, I do not see a prosecuting attorney having any interest in a criminal prosecution.

 

You should be just fine.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

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Customer reply replied 6 years ago
I thankyou so much again! Worst case I am taken in I have no criminal record, never been arrested what would happen. Would it be probation, would you see jail time?....
Criminal Lawyer: Joseph, Criminal Defense Lawyer replied 6 years ago

Please understand that it can be difficult to predict the ultimate outcome as to any particular criminal case. Having said that, I would suggest that we can provide some reasonable expectations.

 

It certainly helps that you have never been arrested. Having no criminal record, it would seem unlikely that the prosecutor would be interested in seeking any significant penalties. As such, I would suggest that a reasonable expectation would include probation, fines and court costs and perhaps a class on STDs. And again, please keep in mind that I do not consider it likely that you would be criminally prosecuted anyway.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

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