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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26763
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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In South Dakota. I contacted. later I recanted and said no

Customer Question

In South Dakota. I contacted for sex. later I recanted and said no to the meeting. got scared. never met, no money given. 3 hours later I found out it was an undercover law person. CAn I be charged with a crime for recanting and never meeting???
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.


It would be very unusual for you to be arrested under the circumstances you describe. This is because the state would have to prove beyond a reasonable doubt that you wanted to exchange money for sex. You specifically recanted and said you weren't interested. That would make the state's job of convicting you difficult. Then too, because when you do something like this via email, text message or phone, the state has to prove that the person contracting for sex is really you. They don't know who is really looking for sex until you show up to keep the date, which you never did. It's when the suspect arrives to meet the hooker that he meets the police instead, and at that point the police have no doubt who made the call and what his intentions are.

So I don't believe you have anything to worry about bcause a case against you would be too hard to prove beyond a reasonable doubt. However, in the unlikely event that you are contacted by the police and asked about this phone call, do not discuss this matter with the police at all. Anything you say about it can be used against you, and you have a Constitutional right not to incriminate yourself. Find any excuse to get off of the phone and then find a local lawyer.

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