Legal Corner

My take on this, granted I was not there
maxwell44 23 Reviews 852 reads
posted

1. Firstly, he wasn't busted for seeing a provider.  He was busted for seeing an undercover cop who was pretending to be a provider.

2. By answering an ad with a price in it and simply showing up to meet that phony provider, it is implied that he agreed to pay that fee to the phony provider.  If there was no price in the ad, then it would have to have been discussed or implied some other way at some point in time.  Maybe he just put money on the table and didn't say anything, in which case he did in fact pay her for something.  But some way some how, there was a price that was offered or agreed to.  

3. He was asked by text what he wanted, maybe he was even asked straight up if he wanted sex... He texted back in so many words that he was agreeing to safe sex. By sending it by text message, he provided the police with documentation of what he wrote, which will be used as evidence against him.  By the way, when a cop asks straight up if you want sex, they are technically not soliciting prostitution themselves, they are asking you if you are soliciting prostitution... a bastardized play on words, isn't it?

4. Item 2 plus item 3 equals soliciting prostitution.  

5. Of course, his lawyer can argue that someone else was fucking around with his phone when he wasn't looking, and it wasn't him who wrote anything about wanting safe sex.  Unless of course the guy confessed to writing that on his phone after he was arrested, hence the useful advice to always shut the fuck up if you are ever arrested and don't answer any of their questions, instead just say that you want to speak to your lawyer.

6. To beat a case like this, either item 2 or item 3 has to be in doubt.  A good lawyer should work to cast doubt on either one or the other.  After all, it is not illegal to give your money to people, and it is not illegal to ask anybody to have sex with you for free.

TwoMints2906 reads

On a regional board a guy admitted that he was busted for seeing a provider.  

He said in a PM to me, and normally I'd never say anything but I think the reason for the bust was unusual or at least a reason that I was unaware of.

He said, he was vague while she tried to get him to answer questions about what he wanted. Yes he admitted it should have been a red flag. (texting)

He related that his lawyer said, that he couldn't beat the case because he had agreed to safe sex.  

I'm not a lawyer, but I can't see how that agreement is ground for a conviction.  Is it, or is it that agreement in conjunction with what ever else was said the issue.  

If he didn't agree to pay for sex, or ask for specific sexual acts, how can he be convicted?

What am I missing

just like any other evidence.

If a juror doesn't feel that his consenting to safe sex is sufficient to overcome the hurdle of beyond a reasonable doubt, then he could be found not guilty.

(still not a lawyer)

so the only thing for LE to prove is payment or promise of money.   Afraid that even if it wasn't explicily agreed to, it will be hard to convince a judge or jury.  It OUGHT to be automatic, To dismiss without proof of money but I doubt that will be the case.  
Did he use a hobby phone?  Can LE prove it was him texting?  Did he confess to texting?  STFU!   If the ad does not explicitly state a price, can he argue it was without compensation?    

If his lawyer doesn't want to be bothered with a vigorous defense, then maybe he should look for a lawyer who will at least try to minimize the effects.  

BTW, WHY did he discuss anything sexual with someone he did not know?   You both know why you are there...  nothing to discuss.  Did she have reviews?

TwoMints734 reads

He said, that the lawyer said because he agreed to safe sex he was busted.

That's the part I didn't understand it had to be more.  

I think when I see someone new from now on, I'm going to stash my phone someone though most of my dates are set up through P411 or via email. They might be able to prove who I am through P411 but not all the info there is correct. I change my email often enough, those that I want to have the new one get it. Most don't. My hobby phone is almost never on they wouldn't waste the effort trying to track it down. (prepaid, paid cash years ago)

He said, he walked and LE and the lady where in the room. So they had to have him walking in, which means he had to agree to sex for money and he agreed to a price for a service.

He admitted he fucked up, but didn't actually layout the complete story. Its on the Chicago board for reference.

I was asking if you did nothing else, except agreeing to safe sex how that it was enough that his lawyer wasn't even willing to try to get him off. Its a really low level beef, but it will be on his record forever. At that point, I'd get another lawyer, even spending thousands to get it knocked down to something less would be worth it, people won't hire you with that on your record and if you challenge the system and force them to go through with a jury trail they will settle for a minor offense guilty plea. It isn't worth it to them, the DA would shit if they had to spend 1000's to bust one john for solicitation let alone the judge and the wasting the courts time angle. A known high priced lawyer makes this go away.

 

Posted By: harborview
so the only thing for LE to prove is payment or promise of money.   Afraid that even if it wasn't explicily agreed to, it will be hard to convince a judge or jury.  It OUGHT to be automatic, To dismiss without proof of money but I doubt that will be the case.    
 Did he use a hobby phone?  Can LE prove it was him texting?  Did he confess to texting?  STFU!   If the ad does not explicitly state a price, can he argue it was without compensation?    
   
 If his lawyer doesn't want to be bothered with a vigorous defense, then maybe he should look for a lawyer who will at least try to minimize the effects.    
   
 BTW, WHY did he discuss anything sexual with someone he did not know?   You both know why you are there...  nothing to discuss.  Did she have reviews?    

most potential defendants are scared shitless... \
they think the burden is on them;  
unless you've admitted to a crime, the burden is on the prosecution,  
they need to show/prove you offered money for a sex act ( a crime )
>
and they're banking on you not resisting/fighting their allegations;  
so,
man up, or punk out...
>
more than once i've seen when the defendant shows he intends to dispute the charges, prosecution backs down, and most often just dismisses the charges with some half hearted excuse
>
a pain/inconvenience for you; but worth it , if you haven't given them something to hang you on
>
as always, when the situation gets stickly/ugly,  
THINK before you speak;
most defendants in the presence of LE , talk themselves into being arrested;
Always best advice "STFU

1. Firstly, he wasn't busted for seeing a provider.  He was busted for seeing an undercover cop who was pretending to be a provider.

2. By answering an ad with a price in it and simply showing up to meet that phony provider, it is implied that he agreed to pay that fee to the phony provider.  If there was no price in the ad, then it would have to have been discussed or implied some other way at some point in time.  Maybe he just put money on the table and didn't say anything, in which case he did in fact pay her for something.  But some way some how, there was a price that was offered or agreed to.  

3. He was asked by text what he wanted, maybe he was even asked straight up if he wanted sex... He texted back in so many words that he was agreeing to safe sex. By sending it by text message, he provided the police with documentation of what he wrote, which will be used as evidence against him.  By the way, when a cop asks straight up if you want sex, they are technically not soliciting prostitution themselves, they are asking you if you are soliciting prostitution... a bastardized play on words, isn't it?

4. Item 2 plus item 3 equals soliciting prostitution.  

5. Of course, his lawyer can argue that someone else was fucking around with his phone when he wasn't looking, and it wasn't him who wrote anything about wanting safe sex.  Unless of course the guy confessed to writing that on his phone after he was arrested, hence the useful advice to always shut the fuck up if you are ever arrested and don't answer any of their questions, instead just say that you want to speak to your lawyer.

6. To beat a case like this, either item 2 or item 3 has to be in doubt.  A good lawyer should work to cast doubt on either one or the other.  After all, it is not illegal to give your money to people, and it is not illegal to ask anybody to have sex with you for free.

titled something like "I was busted"? I cannot find it there now, and I cannot find it on the Chicago board. But I do recall the OP said it was a well reviewed provider.  Would be very interested to know if this was a flip, and if so how the flip happened.

I think he said that she flipped that he though or knew that they had something else on her. Maybe 420.  I don't know.

http://www.theeroticreview.com/discussion_boards/viewall.asp?MessageID=22851&boardID=50#22851

http://www.theeroticreview.com/reviews/show.asp?id=252602

That is the post, you might be right and its in the newbie area. I don't recall. Makes sense.

Included thread and lady in question

many reviews each of her reviewers has; it would be easy to conclude she was safe. The only odd thing is the short date range of the reviews.  I suppose many or most folk could be flipped if LE had something really awful to coerce them with, but this particular instance sure feeds into my aversion to BP.

it's been my experience and talking with guys in all my travels that certain areas have extra trouble with streetwalkers which causes for the law to take serious initiatives and prosecuting and those prosecuting's areas if you don't bleed out you're done. sometimes it's not about right or wrong or the way the laws is wrote. if the boating community complains enough and the judge and the prosecutor and the Police Department get together and decide to have to do something about streetwalkers the John's in the walkers are going to pay long term in due time to clean up the street if it's an area that doesnt have these problems or is not in the bible belt area (polk County Florida) you could just clog up the system and keep rescheduling with an attorney and rescheduling and rescheduling have your attorney keep rescheduling told the judge and the prosecutor get tired of dealing with you and thrown under the bus and your attory and you will come away clean . keep in mind that if an attorney represent you can you get found guilty it is shown that that tourney represent somebody that is found guilty if you get attorney who's never lost a case he keeps his rectum clean either won't touch you at all lose or he'll handle it and you'll never seen the court system ever make a plea deal with the prosecuting attorney and you can wash your hands of it so many things can happen with the trump card always is if the area is a problematic area for street walkers and they've got a system to crack down then you're a done deal And scewed.

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