I recently heard LE is using reviews as evidence in prosecuting providers.  Has anyone heard about or experienced this?  I really enjoy writing expressive reviews.  I would be crushed if I found out one of my reviews were used in this way.  Should we be writing in our reviews that these are "fantasy reviews for entertainment purposes only"?

-- Modified on 9/17/2011 1:18:42 PM

Reviews would be considered unsubstantiated hearsay evidence and, therefore, inadmissible in court.

Prosecutor: "Your Honor, according to Mr. jackmeoff69's review he wrote of his encounter with Miss PrettyProvider, she accepted a monetary donation before she mounted his magnum dick and rode him like a bronco!"

Judge: "Sit down and shut up, dumbass!"

Zach is right, tho. Ask this on the legal board and you'll get a more insightful answer from a likely real attorney.

'Relax....it's just sex!'

Any money exchanged is for time and companionship only. Anything else that may occur is between two consenting adults.

Don't you read the fine print on the web sites?

Just make sure you confine your discussion of sex acts to the juicy details section so they can't see it.

Seriously, they probably do wave them in provider's faces to help coax a plea. I wouldn't worry about it. If those reviews were doing more harm than good, the providers would surely let us know.

First off selling pussy is not a felony where only probably cause is needed to make an arrest. It is a misdemeanor. Nor does the preponderance of evidence apply as it does for a civil case.

For a misdemeanor the LE has to personally observe the criminal offense. That is why you see them busting girls on stings at the cops room. It will take a lot more than 'pattern of behavior' to bust a gal. Especially since the review is hearsay evidence and not allowed in court.

Having said all that, cops can say and do just about anything they feel like doing. They can wave reviews in from the the gals face and yell at her that she is going away to jail for years and will loose her kids to get her to start singing like a canary. It's the little bird you may have to worry about.

I am not an attorney either, but I stayed at the Holiday Inn Express last night.

The reviews can be used against a provider or client. It shows a pattern of behavior. It won't be all they need but I have seen lots of ridiculous things presented in a court room.

Sorry but you are way off on your thinking here.

     The requirement that LE must witness the unlawful conduct applies only to a warrantless arrest -  all it takes is one client to say “that lady offered to have sex with me for money” and LE can get an arrest warrant.

     And while first time prostitution is a misdemeanor under state law, this changes in some states when you have a sufficient number of priors – in Arizona, for example,  the fourth offense is a felony.

      The reviews would be hearsay only as to the lady- as to the client, of course, hearsay is not a problem. And there are exceptions to the hearsay rule that can be used to have the review admitted for certain purposes against the lady.

      The real problem, apart from identifying the lady and the reviewer, is establishing a chain of custody from the reviewer’s hand to what you see on TER. LE would have to force some TER employee to testify that what you see on TER is what the reviewer submitted.

     And given that the TER servers reportedly are overseas in a country where basic prostitution is legal, it would be difficult, expensive m an time consuming to get this info.

     So the real answer is yes it could be done but it is just way too much expense and trouble for a prostitution bust when LE can arrest em every night on the street.

You actually need to think it a step further.  At the very least, reviews give LEOs "research" on what is being provided.

So even if reviews are not allowed in court, vice is able to read up on what is being offered by a provider, or and a MP, an then can go from there to set up any busts.

-- Modified on 9/18/2011 10:20:09 AM

I'm getting similar responses on the legal board, can't convict, but LE can use it as leverage or a threat.  Is there anything we can do to help these girls?  Shit two years ago I thought this was legal in Vegas.

Don't know about LV but police bust all the time in Phoenix for just ads using "GFE" as solicitation and escorts have lost in jury trials.

In our Desert Diva's bust police had a huge evidence book full of TER reviews etc.

They are not direct evidence but can be very powerful and ways to get them entered as evidence by tracing the writer and having police show up at home (IP tracking etc)

When two gals work together it becomes a Criminal Enterprise Felony charge as we have too often seen in Phoenix with almost 100 felony convictions as part of a Criminal Enterprise in the DD case and now 33 new indictments and swat team busts with battering rams at the "Phoenix Temple".

Felonies are serious, founder, photographer/web guy and accountant went to prison and most of the escorts got 1-year probation in plea deal to avoid trial and a felony record.

Leader in current case many felony charges including Class 2 which can mean 10 years in prison just on that one of many felony charges.

LV may be a lot different.  But we need a attack to defend and get rid of private prostitution laws using for example Supreme Court case Lawrence vs Texas I have written extensively about as have many sexual rights lawyers.

As if they will go to all that trouble for a misdemeanor arrest.  There are a lot of things LE COULD do and the Prosecutor COULD do in court but just like setting up the radar at the bottom of the hill, 99% of the time they are going to go for least effort/highest volume arrests where the provider/client pleads guilty.  
None of this Perry Mason crap ever happens in a courtroom over a misdemeanor.  Primarily because the defendant can't afford an attorney would would do that stuff.

mvr

Desert Divas bust and you will see that the use of these "written fantasy hearsay reviews" as you call them play quite a prominent role.

    As far as I know, LE chose to go after only those reviewers who received discounts for good reviews but that was pure prosecutorial discretion. To my knowledge the reviewers all pleaded guilty or their cases are still pending. But, if any of these cases go to trial, you will see the prosecution team jumping thru all the evidentiary hoops to make the reviews admissible.

     The notion that the TER disclaimer that the reviews are "fantasy" some ow makes a difference is about as accurate as "I was just paying her for time, officer."

The only thing would be to stop posting reviews, which defeats the purpose many go on here for.

I lived in San Diego and the LE would use review posts to bust mainly AMPs.  They would read all the reviews, see who was offering "extras" and then go in undercover and gather their own evidence.

And that is a common misconception that it's legal in Las Vegas/Clark County.

If prosecutors couldn't even convict Casey Anthony for murder.......How can an escort get convicted based on  "fantasy reviews for entertainment purposes only".

Hey not my problem if guys like to write playboy stories and have such imagination.

xoxo CindySpice

Plus, last time you got a new review, I went to the phone book to get your number.  There were a few listings under Spice, but none that listed Cindy as a first name.  It's not like your parents, Mr & Mrs Spice are going to out your location to LE.

Why did you only go looking last time that I got a new review ?? LOL LOL
Besides there is no one in my life that is worried about where I am and what I do.

LE can't just arrest someone because someone wrote a fantasy review ......even if they knew my location , or saw me walking down the street.
Hence the reason they set up stings ....... and even then ( from what I have heard ) it is usually thrown out of court for lack of evidence.

So I don't think there is anything to worry about. I'm not a lawyer , but still not worried.

Personally I think LE needs to focus on real crimes that are happening and not waste tax payers money ( and my money because I am also a tax payer ) on BS.

But how ironic and hypocritical is it that I am expected to pay taxes. So if I am paying taxes I guess there is nothing here to prosecute  

xoxo CindySpice

I told you I was at the Holiday Inn Express last night. But please, riddle me this counselor... Why is it when a legal issue pops up on public forums some wannabe Lawyer or one like yourself has to come on and make an argument?

Keep in mind, an argument you are making by interjecting all kinds of BS that had nothing to do with the question on hand. I never said anything about 'warrantless arrests", not want to confuse the layperson here.

Here is you assignment for the next week counselor. Please do enough research and bring forth to this forum any evidence or case law that can point to LE making an arrest on a misdemeanor soliciting charge anywhere in this country, with the use of a written fantasy hearsay review printed and used then used to effect a warrantless arrest on a monger who was out having fun. Unless you can produce the caselaw, I recommend stop providing legal advise on this or any of the TER boards. You are wrong half the time as it is. You have to be, how else can we have an argument. I just want to see one what stands the test of evidence and testimony in this matter.

I do not know why you want to present chicken little the sky is falling as a lawyer. WTF Same for doctors for dispensing medical advise on here, which is happening all the time.

Well, I guess you could disclaim or doctorate of juris prudence and tell everyone that you are not really a lawyer. That way you are covered. Plus you can say you were hanging out with Smarty1101 at the Holiday Inn Express. lmfao

Oops better not lie, I believe that is not only a code of ethics but a law covering that. bam

They were either "contributing to or aiding and abettng" ... bla bla bla

Any judge with any prudence will slam shut those loopholes in a New York minute if they were used for anything beyond a felony, which is what these guys were charged with. Apples and Apples counselor, we are still on the same page though. lol

that is not the case and that they cannot use reviews as evidence here in LA.  To be honest, the majority of busts done out here are for "escorting without a permit."  Can you believe that?  You legally have to apply for a license with the police department, which 90% of the time, they are denied.  If an escort JUST SHOWS UP, she's guilty of escorting without a permit.  Its a 6 month court case, in which you WILL LOSE, and your stuck with a misdeamonor, for the first offence.  Second offense: 90 days in jail.  third offense: 6 months in jail.  Fourth offense: 1-2 years.  

I only know this because a friend of mine went through this a little over 2 years ago, and I had to drive her to court (completely nerve racking!), and listened to all the convo's between her and the lawyer.  

Not only that, but when she was caught all she did was walk next to the LE down a hallway.  Nothing was talked about, no money exchanged.  Nothing.  She walked along side him through an apartment complex and they arrested her in the freaking hallway.  Just absolutely nuts, the extent LE will go for a stupid payout in the LA area.  You'd think they would have better things to do!