Whether this is your first time facing prostitution charges, or you are a repeat offender, you need a prostitution defense attorney immediately. It is possible to fight your case in court. Partner Matt Shafran at Weinstein Legal Team is a former prosecutor who now heads Weinstein Legal Team Criminal Defense Division. As a former prosecutor, there is no better prostitution defense attorney to represent you. Matt Shafran knows the ins and outs of the Florida court system, how the opposing side will attempt to prove your guilt, and how to build the best defense.
Florida state law defines prostitution as the act of "giving or receiving of the body for sexual activity for hire." However, many related crimes can be prosecuted under the statute that defines prostitution. These include assignation and lewdness. Lewdness relates to any act that is considered to be "indecent" or "obscene." Because the charge turns on a subjective standard, a prostitution attorney has room to contest it.
Assignation refers to scheduling an appointment for an exchange of sex for money, meaning that you may be arrested even if the act has not yet occurred. Additionally, you can be arrested if you offer to set up a prostitution appointment for another person or allow another person to use your property or home to engage in prostitution. Even taking, or simply agreeing to take, another person to a destination where they will participate in the act of prostitution can result in charges.
Many different scenarios can result in criminal charges associated with prostitution, even if you were not engaging in the act yourself. For this reason, hiring a prostitution defense attorney is critical. A prostitution attorney will be experienced in the many nuances and scenarios relating to such charges and can help you avoid jail time.
Solicitation for Prostitution
Solicitation for prostitution also falls under Florida state prostitution laws. Solicitation is the act of seeking out or hiring another person to engage in the act of prostitution. Just as with prostitution, you may be arrested for soliciting another person for assignation or for the act of committing lewdness.
Solicitation is defined as either explicitly asking for a person to engage in a sexual act for an exchange of money, or inducing or enticing them to do so. Additionally, if you ask another person to seek out prostitution or schedule an appointment for you, you may be arrested.
If you are facing solicitation charges, a prostitution attorney is your best choice for a defense lawyer.
Florida's prostitution statute (Fla. Stat. § 796.07) covers far more than the act itself. It reaches offering or engaging in prostitution, running or living in a place used for it, transporting or procuring someone for it, and aiding any of that. For a person accused of engaging in or offering prostitution, or of most of the other listed acts, a first offense is a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine. A second offense is a first-degree misdemeanor, punishable by up to a year in jail and a $1,000 fine. A third or subsequent offense is a third-degree felony, punishable by up to five years in prison and a $5,000 fine. Even a misdemeanor charge can mean jail time, which is why hiring a prostitution defense attorney matters.
Buying is treated more harshly than selling. Soliciting, inducing, enticing, or procuring another person for prostitution is a first-degree misdemeanor on a first offense, a third-degree felony on a second, and a second-degree felony on a third or later offense. On top of the criminal sentence, the court must impose a $5,000 civil penalty, 100 hours of community service, and an educational program on the effects of prostitution and human trafficking, and a second or later conviction carries a mandatory 10 days in jail. If you used a vehicle, the court can also order it impounded for up to 60 days. Sting operations frequently produce charges beyond solicitation, including deriving support from prostitution and human trafficking, which carry far harsher exposure under state law and, when the case crosses state lines or the internet, federal charges.
Prostitution Charges and Background Checks
If you are convicted of either a misdemeanor or felony charge, it will appear on any background checks that are run on you. A prostitution conviction will be public record. What this means is that potential employers, potential landlords, and more will be able to see that you were arrested. It can limit your ability to find housing and employment and can damage your reputation among friends and family.
Do not let a prostitution charge affect the rest of your life. If the charge is dismissed or dropped after a diversion program, you may be able to have the record expunged, provided you meet every eligibility rule in Fla. Stat. § 943.0585, including having no prior sealing or expungement. Seek the help of a defense attorney who handles sex crimes today.
One of the most frightening things about being arrested for prostitution is that it is often a judgment call made by law enforcement. Individuals are often detained on "suspicion" of prostitution. What this means is that you do not need to be caught in the act explicitly, but may be arrested simply based on your whereabouts.
Prostitution Investigations
Another way an individual may be arrested for charges relating to prostitution is if they are part of a broader investigation. Police officers may set up sting operations, focused on a ring of suspected prostitution activities either led by a group of people or taking place at a specific location. These interactions may be recorded via dashcam or bodycam and are considered substantial evidence.
If you are arrested on either suspicion of prostitution or solicitation, or as part of a more extensive investigation, do not wait to hire a prostitution defense attorney. Each day that you wait is another day that the prosecution is building their case against you. You deserve to have the same opportunity to build a defense.
An experienced prostitution defense attorney, such as Matt Shafran at Weinstein Legal Team, is accustomed to prosecution tactics when trying a case. As a former prosecutor himself, Mr. Shafran is the best prostitution attorney to have on your side. There are many ways that prostitution charges can be defended.
Lack of Evidence
When you are arrested on a criminal charge, the burden of proof falls on the prosecutor's office. They must prove, beyond a reasonable doubt, that you are guilty of the crime of which you are being charged. If they cannot provide enough evidence, your charge may be thrown out. Hire an experienced prostitution attorney to help explore the case.
Any evidence that the prosecutor's office has against you must be entered into what is called "Discovery," to which your attorney will have access. Having an aggressive attorney on your side ensures that all evidence is reviewed. They will call any weak evidence into question before a judge, helping your case.
Character Witnesses
As a defendant, you have the right to call for character witnesses. The police will testify against you, stating what they observed and their reasons for the arrest. Take the opportunity to counteract their negative statements with character witnesses who will come to your defense.
Entrapment
Entrapment occurs when a member of law enforcement forces a person to agree to the crime they are committing. Typically it is a crime that they would not commit otherwise. Entrapment is illegal, and if your prostitution defense attorney can provide evidence that it occurred, your charges may be dismissed.
If you are facing prostitution charges, it is imperative that you contact an attorney immediately. Doing so can help you avoid severe penalties and a damaged reputation. Contact an attorney as soon as you are arrested. Do not wait for your first court date. Contact us at one of our three Florida locations immediately:
