Are You Arrested At The scene for prostitution In Kansas?
Interviewer: Now, whether it’s your first offense or multiple offenses, if you’ve been charged with prostitution or solicitation, can they make bail? Is bail still an option?
Most Often, the Charge for a Prostitution-Related Offense Entails a Citation or Notice to Appear and the Individual Is Not Placed under Arrest or Processed at the Jail
Paul: Absolutely, they are eligible for bail. I think a lot of the sting operation clients I’ve represented actually receive a notice to appear. It’s a citation that they receive. They don’t even have to be processed or post a bond. They receive a citation with a court date, and provided they either appear at the court date or hire a lawyer to appear for them, they are not arrested and they do not need to post bond.
I think I’ve had maybe two clients that have had to post a bond before they were released from the scene or were subject to formal arrest. Certainly, worst possible scenario, you would post a modest money bond and be released pending court. Most often, individuals charged with this type of offense are given an order to appear, and they go about their business and hopefully contact counsel.
Interviewer: I just naturally assumed you’re arrested, taken to jail, and you have to post bond. The scenario seems similar to getting a speeding ticket, only more serious. If a Prostitution-Related Offense is charged as a Felony, will individuals be taken into custody, appear before a Judge and post a Bond in order to be released from Jail?
Paul: That will certainly change for a second offense on the felony grid. If you are charged with a felony, then you will need to make a formal appearance before a Judge and have bond set in the case before you are released.
What Are The Elements Needed To Convict You For Prostitution?
Interviewer: How would you explain to your client this is what the prosecutor’s office must prove in order to convict them of this charge? What are the steps or just the basic steps the prosecutor’s office must prove?
Paul: The prosecutor needs to prove beyond reasonable doubt that the individual either entered into or remained in a place where sexual relations are being sold or offered for sale, and they entered or remained in that place with the intent to engage in an unlawful sex act under the Kansas code. That’s what they need to prove.
What Are The Typical Conditions Of A Prostitution Bail Bond?
The conditions of bail bond for prostitution charges in Kansas depend on the specifics of the case in question, but there are general typical trends. Partnering with a prostitution lawyer can be invaluable when navigating this process and help you do so successfully.
Appear In Court
People generally have to appear in court. There can be quite a few scheduled hearings in addition to the initial arraignment and hearing.
Sometimes, the court orders defendants to surrender their passport or other documents that would enable them to travel. Depending on the case, you may not be allowed to leave your immediate jurisdiction or state.
Drug And Alcohol Testing
It is not uncommon for defendants to have to undergo drug and alcohol testing, in addition to abstaining from consuming them thereafter.
Curfews are sometimes imposed with the goal of restricting the movement of the defendant during key parts of the day.
Like in many cases, defendants will need to post bail in order to be released.
The Language Has Been Revised to Include “Where Sexual Relations Are Offered for Sale”
They added the “offered for sale” language because clearly, no sexual relations are being sold at a law enforcement sting operation. To avoid the technical defense available to counsel by saying ‘well, no sexual relations were being sold here, so we haven’t violated the law’ they’ve now modified the language. The code now prohibits ‘entering or remaining in a place where sexual relations are being sold or offered for sale’ and that covers the sting operation where they make an offer to sell sexual services, but no completed sexual acts ever occur.
But – the prosecutor still must prove beyond reasonable doubt that the person ‘intended’ to engage in an unlawful sex act once they entered into or remained at the premises. I had a client who arrived at a law enforcement prostitution sting and became very suspicious of the female undercover officer. She was being way too ‘solicitous’ for lack of a better term. When she mentioned the requirement of wearing a condom. my client said: ‘Wait, why would I need a condom for a massage? I just want a massage!’ His statement were recorded and the prosecutor agreed that he simply could not prove ‘intent to engage in an unlawful sex act’ based on my client’s statements.
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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