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I was arrested for solicitation for prositution, I reponded

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to an ad the said...
I was arrested for solicitation for prositution, I reponded to an ad the said your fantasy, your needs, 70 roses, I called the number, the escort text me back, she asked what did i want I responded U, she asked what was I looking for I responded all of it(meaning what see advertise, and the person in the pic) I ask the price she said 75 I said hr, she said yes, I said meet me a cmt (a nite club) and we will have a drink and talk,she responded if i did not come now she would have to put this off until tomorrow, I asked if she was pretty, she said yes, I said come on lets have a drink and talk, she said she was not there i asked where she was she told me, i asked her room she told me , i knocked on the door and was arrested for solicitation, question when did agreeing to compensate for companionship, drink, and conversation become solicitation for prostitution
Submitted: 5 years ago.Category: Criminal Law
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Answered in 5 minutes by:
4/25/2012
Criminal Lawyer: Michael J, Esq., Lawyer replied 5 years ago
Michael J, Esq.
Category: Criminal Law
Satisfied Customers: 3,473
Experience: Licensed attorney experienced in criminal matters, having represented hundreds of clients with every misdemeanor and felony imaginable.
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Michael J, Esq. :

Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your criminal problem today.

Michael J, Esq. :

I'm sorry to hear about your situation.

Customer:

what happened

Michael J, Esq. :

According to Louisiana law:

Michael J, Esq. :

§14:83: Soliciting for prostitutes
Soliciting for prostitutes is the soliciting, inviting, inducing, directing or transporting a person to any place with the intention of promoting prostitution.


Whoever commits the crime of soliciting for prostitutes shall be fined not more than five hundred dollars, imprisoned for not more than six months, or both.

Michael J, Esq. :

Answering an ad for an escort service, asks a price, and says they want "everything" can be considered soliciting.

Michael J, Esq. :

Are there any other questions you have related to the charge?

Customer:

where in the text is there a offer for sex for money

Customer:

i offered her a drink and conversation which was refused

Michael J, Esq. :

It is not explicit, I agree. However, it does not have to be explicit for an arrest to be made, unfortunately. Remember, however, that the State has to prove you were soliciting for sex. If you can show that you weren't, you would be found not guilty.

Customer:

just based upon what i have submitted to you which is the text message this is all the evidence and mind you we were at i was at a casino, nite club, where i tried to meet her could solicitation be proven with these messages

Michael J, Esq. :

Yes, I believe it could. You were contacting an escort, everyone knows that escorts are prostitutes, except not explicitly. You said you wanted "all of it", which can be taken to mean you wanted sexual intercourse (even if that's not what you intended, a jury could believe you were). You went to her room as well.

Customer:

no i was not i was at a casino trying to get het to meet me in an open place, it was after the text was answered, i must put this off tomorrow, i started wondering what call of prositute would turn down free money at the time i thought it was a scam, so i asked where she was and what room was she in then i travel 4 mile to a hotel thinking it was a scam knocked on the door she gave me a low and behold ten guys rush me and ask me what i was doing here I had 390 in my pocket, and they said the same thing as you "all of it"

Michael J, Esq. :

I understand. Unfortunately I can only answer your question based on the info you have given me. You asked "Could solicitation be proven?" and I believe it could based on your information. I'm not saying that's what you were trying to do, I'm saying it looks like what you were trying to do and therefore I believe a jury could find you guilty.

Michael J, Esq. :

I wish I could tell you something different.

Customer:

so you are saying that although i did not request sex directly, for cash, that the text message is proof beyond reasonable doubt of soliciting for prositution, if that the case how do u legally pay for a non sexual companion, or set up a non sexual companion, the problem i am witnessing is that us single men that just want company alway must have sex on our minds which is not true im a very handsome man that have met many women whose are escorts, free money is there first priorty something wrong here

Michael J, Esq. :

I can not say it is proof beyond a reasonable doubt, just that I think it "could" be proven. It really depends on the specific testimony that was presented. However, just from what you have given me, it appears you were soliciting for sex (even if that was not the case). The way to set up a non-sexual companion would be to say from the start, "I am not looking for sex, just a friend.", and make it clear that you are not looking for a prostitute, just companionship.

Customer:

I believe for all, that my selection of escort says alot, I overlooked the black chick because they were promoting prositution, im black, I choose a escort whose pic was suspect, because it was a professional photo done in a studio, so when I say I want u i meant it literally, I the I want her in the public, I wanted to see exactlly the person in the photo, now look at it from that point of view that was I asked was she good looking, sex

Michael J, Esq. :

I understand. All of that can be used in your defense.

Customer:

Well how can u read a text message and just pick out my word and not take into consideration the promotion first, because as it turned out i was suspect in the beginning because of the pic, when i said all of it it was in relation to the ad my fantasy, 70 roses my needs, that tell me we need to talk first at 75 an hour which I agreed, so where is the solicitation according to the police ad they did not advertise session 150 30 min 200 hours, they choice was mine

Michael J, Esq. :

Sir, I'm very sorry about your situation, unfortunately I believe I have analyzed the situation all I can. From their point of view, you were soliciting sex from a prostitute. From your point of view, you were looking for companionship. This is how all charges work - there are two sides. You have the right to make them prove you are guilty - so all of the details you are mentioning can be used for your defense. I would speak to a criminal defense attorney in your area and apprise them of the situation and all of the things you believe work in your favor, and they can craft a case that gives you the best change at a not guilty verdict.

Michael J, Esq. :

In direct response to your question, unfortunately that's how the police operate - they pick and choose things from the evidence that they hope proves your guilt.

Michael J, Esq. :

Is there anything else I can answer for you?

Customer:

One more thing, before I knocked on the door I typed "i never", they responded "what are u talking about" as I typing the answer to their question, that when they rush me, now if they could not interpet "i never" and needed calrification, how come the rule does not apply to "all of it" please respond, I say this because if this was a forgery, and i submitted a check they would instruct, the person to delay me until they got there, so if i commited a wrong at a hotel and you know where i am 4 miles away, and they did not arrest me, then how can my inquiry, be considered solicitation

Michael J, Esq. :

Again, that is something you can use in your defense if you believe it helps your cause. They police don't care what "I never" means - they already believe/believed you were soliciting prostitution for the events leading up to that moment. The police take the things they think proves their case and focus on those, and don't focus on the things that tend to disprove their case. It's the Defendant's/Attorney's job to bring those things to light to prove innocence.

Customer:

Oh yeah I am not talking about the police i just uncovered their sting, I only speaking evidence of beyond reasonable doubt, this is the only evidence and the conversation between both phone numbers

Michael J, Esq. :

I understand. I believe that evidence is enough to convict, but I sincerely XXXXX XXXXX attorney can bring the other evidence to light in order to prove you innocent.

Customer:

well mike i'm really sad to hear u say that, so u are saying that texting the other person to meet in a public place for a drink and conversation, with a prositute is solicitation for prositution,

Customer:

so agreeing to have a drink and conversation with a prostitute for 75 an hours is illegal

Michael J, Esq. :

I can't say what is "illegal" and what is not.

Michael J, Esq. :

All I can say is from what you have posted, I believe a conviction could be had.

Michael J, Esq. :

Yes, agreeing to have a drink with a prostitute for 75/hr is illegal if it looks like you were really soliciting for sex.

Michael J, Esq. :

Unfortunately, I don't believe there is anything else I can add to my analysis. I really hope it works out for you and that your attorney can bring evidence to light to prove your innocence in this matter.

Michael J, Esq. :

If you valued my time, I really would appreciate an ACCEPT. Otherwise, I can opt-out of the question and see if another expert has something else to add to the situation.

Customer:

well from your response you have basically stated to me that offering a posititute 75 a hour to have a drink and talk about my fantasy and my needs and this is wriiten evidence is evidence beyond reasonable doubt to convict me of solicitation of prositution

Customer:

i just want to know that is what u are telling me

Michael J, Esq. :

Okay, since I can't add anything else, I'm going to opt out now and see if another expert can assist you. Please don't respond once I have left the conversation, or it will kick it back to me.

Michael J, Esq. :

I'll send this on to another criminal expert for their analysis. Hold tight.

Customer:

hey mike will i get a new attorney

Michael J, Esq. :

Please don't respond, as it will kick the question back to me. I have sent the question to several colleagues, it may be a while before someone picks it up. You'll have to hold tight. Good luck.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 5 years ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,728
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi Jacustomer,

I've read the dialogue between you and your previous expert, and I'm not going to rehash all of fthat. He's perfectly correct, but I think you may understand if it's put to you a bit differently.

Police need very little evidence to get an arrest. All they need is a reasonable belief that you may have been interested in engaging in criminal activity. Just that little bit, and the evidence that establishes it, gives the police probable cause to arrest, and gives a prosecutor probable cause to file charges against you.

It is very, very easy to get arrested. The evidentiary standard is just that low. BUT it is very difficult for the state to get a conviction. A prosecutor is up against the heaviest burden in all law. He or she must prove each element of the crime with which you are charged beyond a reasonable doubt.

Nobody can second guess the mind of a jury. So yes, the evidence above may lead to a conviction. It may also lead to an acquittal. It will all come down to how the facts play out in front of a jury, and whether your lawyer,through a vigorous cross-examination of the officers can create doubt about what it was that you were really up to.

Good luck!
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,728
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Zoey_ JD
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