Is It Difficult to Convince Clients That Prostitution-Related Charges Are Defensible?
Interviewer: You mentioned there are certain types of defenses to fight a charge such as this. Most people might just have it in the back of their mind that there is no way to fight these charges and think they have to accept whatever plea bargain they are offered.
How would you make a client feel better about their chances because you could actually prepare a viable defense for them?
In Attorney Cramm’s Experience, when the Police Are Making a High Volume of Arrests, They Tend to Pay Less Attention to Details
Paul: In my practice, I see that when law enforcement conducts these sting operations, it becomes sort of a ‘numbers game’ for them. They are going to make many arrests, and they’re going to issue many citations during the course of that overnight sting operation.
The Police May Not Have Established Intent Prior to Making an Arrest
The greater the number of arrests the police make, the less attention they’re going to pay to details. I have represented many folks wherein the officer has jumped to the arrest phase before a definitive agreement for sexual activity has been made.
Oftentimes, the female officer will make some vague statement, such as well, I require the donation to be paid up front, and I do require that you wear a condom. As the customer is getting out the money, and perhaps the agreement was $300 for an hour massage – he gets the money out and lays it on the counter and in come the backing officers to make the arrest.
That prosecutor is going to try to make his case on the off-handed comment by the female officer “I require that you wear a condom.” I’ve literally seen the female officer make that statement as she’s walking out of the room. She says “Let me go slip into something a little sexier,” and on her way of the room, she says “Oh, by the way, I require that you wear a condom.”
She exits the room. The backing officers come in and make the arrest before the person has said “Sure, I don’t mind wearing a condom” or “Why do I need to wear a condom if I’m just getting a massage?” He doesn’t even have the opportunity to make the statement.
Attorney Cramm Feels That Cases Where Intent Was Not Properly Established Are Defensible
Paul: I think that’s a very defensible case. I think that’s an example of what I would see as a very defensible case. I think it is underhanded and I think by and large, law enforcement is counting on the shame factor, the embarrassment factor such as “I don’t want my wife to find out” to discourage defendants from setting more of these close cases for trial. Many times, my clients don’t want to dig their heels in and fight these very questionable arrests and charges.
Call today for an initial consultation to discuss your case: (913) 322-3265. I represent clients accused of prostitution throughout the Kansas City Metro area including the municipalities of Johnson County, Kansas: De Soto, Gardner, Leawood, Lenexa, Merriam, Mission, Olathe, Overland Park, Prairie Village and Shawnee.
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