Will You Be Arrested at the Scene and Are Prostitution-Related Charges Eligible for Bail?
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, Individuals Will 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 Must The Prosecutor’s Office Prove For A Conviction For A Prostitution-Related Offense?
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?
Kansas Code Entails the Prosecution Prove Intent
Paul: The prosecutor’s office 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.
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.
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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- What Is the Kansas Sentencing Grid?
- What Is the Difference between Solicitation and Prostitution?
- What Are the Penalties for a First Offense Prostitution-Related Charge?
- Is It Possible to Have the Criminal Record Sealed for a Prostitution-Related Charge in Kansas?