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Prostitution Laws

Prostitution is the act of receiving money in exchange for sexual services. The person who receives the money for sex is known as a prostitute and the person who pays for sex is most commonly known as a john. Often quoted as the world's oldest profession, prostitution is regulated differently from country to country. In the United States, prostitution is illegal with the exception of licensed brothels in Nevada. Below are a few of the more commonly asked questions about prostitution laws.

Can a person be charged with solicitation of prostitution if they ask an escort service how much they charge for sex?

Solicitation of prostitution is illegal in the United States. If you were asking about sexual services of an escort during your phone call with the escort service, it is very possible that you will be charged with solicitation of a prostitute. However, if you can prove that the person you were talking to was an undercover police officer, and the officer was the one who initiated the sexual service and enticed you into asking the prices, you may have a case. You need to hire an attorney to assist you in this situation. An attorney can get a copy of the taped conversation and determine if you are a victim of entrapment by the police department. If you can't afford to hire an attorney, the court will appoint one to you at your arraignment and schedule another court hearing for a later date.

I was set up by a female police officer for prostitution. What are my rights?

Case Details: The female police officer came to my home and immediately wanted to go upstairs to the bedroom. While I was in the bedroom with the woman, two officers searched my downstairs and found pot that was hidden. After they arrested me, they asked if they could search the house. The report says I was charged with solicitation of prostitution and simple drug possession. The report says they found the drugs after my consent to search, when actually, they brought the pot upstairs and showed me they had found it then asked if they could search my house. Is all this legal?

It sounds as if you willingly let the female officer in under the assumption that she was a prostitute. Once the female officer was in your home, the other police could use the excuse of protecting a fellow officer, to enter your home. They then said that they came upon the pot that was in plain sight. The police can lie about how the pot was found and anything else that happened in your home, as long as they are not sworn under oath while on the stand. This is taken from the US Supreme Court. However, the police are required to have a search warrant to search your home. The fact that the officers couldn't have seen the pot without searching for it doesn't change the fact that you still face some serious charges. Your 4th Amendment rights will be determined in court based on the issues of your case and how it was affected by the police conduct.

The prosecutor will have to prove that the police acted within their rights based on the situation. The court goes by what any officer would do under the circumstances as a standard and the prosecutor will try to show that the officers where within their rights. Once the prosecutor has finished with the officers, your attorney will have the opportunity to ask the officers questions and try to show that their actions affected your Constitutional rights.

Because all emergency situations are exceptions for the requirement of a warrant, the police will more than likely try to convince the court that they entered the home to protect their fellow officer. They will probably try to say that the search was an "incident to the arrest" which allowed them to conduct the search of anything that was in plain sight and that you later allowed for a more thorough search.

There really isn't any way to know how this will end. It isn't a guarantee that the facts that come out in the suppression hearing will give the defense an open-shut case. Generally, the courts try not to hinder the police in their efforts to stop crime based on the procedures that they use. In many cases, the court will agree that the actions of the police were acceptable under the circumstances, and the evidence against you in the hearing will go to trial. It is very important that you have an attorney to advise you of your options. Your attorney will review all of the evidence and determine whether you should go to trial or waive your rights to a hearing in exchange for a plea bargain.

Prostitution or involvement in prostitution can cause some serious legal issues as well as criminal convictions on your record. If you have questions or doubts, don't hesitate to contact an Expert to assist you with your individual situation.
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