Legal Corner

cops came a calling
scottharwell33 9379 reads
posted
1 / 33

okay I had a massage client today at my place incall. he called yesterday booked the appointment for 10 am today.
He comes in gets on the table, tells me if his wife might call and if so he would have to answer the phone and maybe leave. i was clothed no release was mentioned. 45 minutes into the massage the phone rings. he answers tells the person on the other end that he will be leaving work in 10 minutes. he gets dressed asked if 75.00 was correct? i said yes he pulled out 105.00 and gave it to me. soon as he left the door knocked it was 2 cops and told me we had to talk about what just happened. they came inside and asked for the money back, they had scans of the money so the knew how much. I was given 5 tickets. ticket 1. locks on door, doors cant be locked, 2 list of employees even though its just me. ticket 3  no client list, ticket 4 entrance and exit cant be the same, ticket 5. no health certificate posted. i have to go to court here in duluth ga september 22.

ThePeopleRule 6292 reads
posted
2 / 33

If you have told us everything, sounds as if you are charged with violations of local/state massage parlor regulations.  

Ticket:  does it say "adult field release citation" or something similar?  There should be code or ordinance sections written next to each of the alleged violations.

If there is nothing additional that would be incriminating, I suggest that today you write out everything that happened, listing today's date and the time you completed your summary.  The cop will have made out a report before his duty shift ends.  You should do the same, but write "attorney-client privileged communication" on it just in case you make incriminating statements in your summary.

It would be adviseable for you to visit the courtroom prior to your appearance date so you can see the procedure.  Depending on the punishment and your financial situation, you might be entitled to a public defender.  If on the day you visit court before your appearance date there is an attorney in courtrepresenting a client on a similar charge, this would give you the opportunity to ask him questions after he completes his business.

Your local bar association probably has an attorney referral service.  Usually a 30 minute consultation is free or a minimal charge.

scottharwell33 5900 reads
posted
3 / 33

I'm looking at the tickets now. they are 5 tickets. nothing about massage or adult is on the tickets.
each ticket says offense, health cert required code 7-295 local ordinance,  doors locked code 7-261 local ordinance,  lack of keeping records, code 7 -2059  local ordinance, no list of employees code 7 258 local ordinance,  entrances and exits 7-252 local ordinance..

southfl09 1 Reviews 5934 reads
posted
4 / 33

Maybe you should tighten up your screening so this don't happen again.  Odd how he never mentioned a release?  I figured that would be a big part of incriminating you.  Either way though, sounds like you had a close call.  A couple tickets is alot better than the old P -bust!

Bostonguy57 48 Reviews 6466 reads
posted
5 / 33

If he ASKS for a release then it is entrapment.  She has to offer one for a price in order for it to be incriminating.

RinaTakami See my TER Reviews 6631 reads
posted
6 / 33

Maybe it's different in each state or city, but if that was entrapment, we wouldn't have to worry about guys talking explicit.

scottharwell33 6314 reads
posted
7 / 33

I'm wondering how much those 5 tickets will be? I know my business is gone. there's no way i can take clients in this apartment now I'm sure the cops are watching. The call sounded so legit he never mentioned anything sexual, it wasn't a blocked call. id been doing this 7 years in this location with no problem. then I go do a stupid thing and post on the craigslist for 2 months.. I know that's where they saw the ad. I'd had a few strange calls the last few days b4 it happened. guys leaving messages and when i called back I would get a message saying that number couldn't take calls at the moment.

ThePeopleRule 6625 reads
posted
8 / 33

"Local ordinance" would normally be an indication that the town (or perhaps county) in which you live has passed the ordinances for which you have been cited.

Your local library should have a copy of the ordinances or be able to tell you where to obtain them.  Make photocopies and put them in a file with your summary of the events.

Citing you for such violations usually is a "slam-dunk" compared to proving a prostitution charge.  It sounds as if you are not aware that ordinances governed your operation.  Surprisingly, you were not charged for not having a business license; do you have one---if so, for what, a massage parlor?

cathyb 6248 reads
posted
9 / 33

it was only 5 tickets !

That is  nothing compared to an arrest, spending 2 days in jail trying to get out, putting up cash bail(many bondsman  won't take that type of case)

spending $25,000 on a defense & stress ,humiliation,fighting net data bases,Tarnishing your future, possibility of a jail sentence.

Take it as a warning from the universe & do what you need to do To make sure you are complying with local ordinances & don't repeat your mistake.
good luck to you

hiddenhills 143 Reviews 6904 reads
posted
10 / 33

This situation calls for hiring a good lawyer, experienced in the prostitution laws of your state. Do NOT scrimp on a lawyer.My atf was cited for escorting w/o a license awhile ago. She hired an excellent attorney and beat the case. Yes it cost her a fair amount of $, but remember you pay for what you get.  Also staying 7 yrs in one incall location is, well you know, way to long. Good luck

scottharwell33 7520 reads
posted
11 / 33

I did some checking on my own. these are what the tickets are for..

Sec. 7-252. Entrances, exits.
No massage establishment shall have an entrance or exit way providing a direct passageway to any other type of business, residence or living quarters.


Sec. 7-258. List of employees.
The massage establishment shall keep a list of the names and addresses of all employees, both on duty and off duty, and such list shall be shown to the chief of police.


Sec. 7-261. Doors, locks.
No massage shall be performed within any cubicle, room, booth, or any area within a massage establishment which is fitted with a door capable of being locked. Exterior doors may have locks, but such exterior doors shall not be locked while the massage establishment is open for business or while any massage is being performed therein.


Sec. 7-259. Keeping of records.
Every person who operates a massage establishment shall maintain an accurate record in a well-bound book of all patrons accommodated. Such records shall include the patron's name, age and current address together with the time, date and place of service, the nature of the service provided, and the name of the massager so providing this service. Every patron shall furnish proof of identity by showing a valid driver's license, voter registration certificate or similar identification, to the person that operates the massage establishment for the purpose of maintaining the accuracy of the massage establishment's record book. Such record book shall be available at all times at the massage establishment for inspection by the chief of police.


Sec. 7-295. health certificate required

cathyb 6291 reads
posted
12 / 33

The 7-259 seems like such a privacy invasion,
gee, you can't get  a massage w/o the cops knowing. It sounds like the edge of a HIPPA violation.

You can tell the ordinances have not been updated in many years due to the wording ie:"well-bound book"

You cannot run this type of biz out of your home in GA.

The good news is you can take down that "red flag CL Ad" & remedy the situation  and No criminal issues.

you dodged a bullet

scottharwell33 5807 reads
posted
13 / 33

Its a nightmare I know I can't work out of this area any longer. iv cried everyday can't keep food down. I'm scared too death over how much those 5 tickets will add up too. Its costing 2000.00 to get out of my apartment lease. i owe 17.000 in credit card debt. all i know too do is put all the charges on the credit card  then default on the card

cathyb 4633 reads
posted
14 / 33

you feel so bad, but please look at the good side. These were tickets not an arrest,Therefore you can pay & move on.

I think your fear is most likely way worse than the reality.  only a guess  but in "Forsyth County" I doubt the 5 tickets will cost any huge amount & they usually will allow payment plans..Warning (not paying can be big trouble & more cost).

There may be a class you can take to learn the local rules, You will need to check with the court to see if they have anything to reduce the cost.. They should also be able to give you a ball park estimate of the cost the tickets.

I cannot stress how much worse an arrest would have been.

Hang in there.


cathyb 6358 reads
posted
15 / 33

you can enter your ticket # & it will tell you the fees , you can even pay online.


If you pay the fees & do not run the massage out of your home anymore, Would you still be forced to move so suddenly?

maybe you can just find out the facts & think clearly  & make a smart decision.
I wish you all the best.

scottharwell33 7674 reads
posted
16 / 33

I'm hoping by moving the judge might go easier seeing iv left his county. I went to the duluth website the ticket info hasn't been posted yet. i guess it takes a few days. i guess i'm making myself sick over worrying that the tickets could be in the 1000's i have wondered what the price of being arrested would be compared to the tickets i got. I think being a man had some play in it. i doubt the officer felt comfortable asking a man for a release. i'm sure they had to draw straws on that one at the station on who would come here

cathyb 5438 reads
posted
17 / 33

no need to make yourself sick over this, it really is not that big of a deal "legally"

It is a ticket/citation /infraction it is not a crime, think of a parking ticket or speeding ticket.

The important thing is to take care of it, if you do not take care of it it could then become a crime for "not paying" . Same thing happens if someone ignores a speeding ticket.

Honestly, I don't think the "moving" is needed for the reason:

You can pay online w/CC & not even deal with anyone.

then it will be done.

It is impossible to guess the ticket cost , but based on what most tickets are for anything, I cannot imagine it being so much to cause so much worry.

Trust me, you do not want an arrest & Judges don't go easier if you move if anything they stick it to you harder just because they can.

Try to be calm & think things through, close down that CL Ad ,find out the local massage laws so you don't have this problem again & of course take care of(pay) the tickets.

You will be fine Scott.

cathyb 4839 reads
posted
18 / 33

it is human nature to panic.

Scott,I hate to see you make hasty drastic decisions sudden costly move,going bankrupt, ruining your credit,etc when you are so upset.

Once you pay your ticket online, & get a good meal ,good night sleep. you can wake up fresh & think things out.

I agree with you  that CL is big trouble, definately stay away from that site. Yikes

A friend from Duluth was in between things(divorce, very upset) & she got a Part Time job as a non medical home caregiver to elderly, she got to work independently, pick her hours,wear scrubs, it was mostly grocery shopping, travel to their Dr appts, laundry,light house cleaning, preparing meals, running errands, very rewarding & decent  pay. The company even gave her a paid 1/2 day training course.

I know you are shaken up , but this can all be fixed.  try to breath , be calm then take smart steps
warm wishes Scott



shudaknownbetter 5077 reads
posted
19 / 33

I have to aggree.  Do not act hasty.  Do NOT do massage from your appt again.  Pay the tickets.  

Then sit down & one by one see what you must do.  Moving will just ad to your debt... not necessarly a good thing.  If you are just going to pay the ticket, trying to get on the judge's good side accomplishes nothing.
It might if you were going to try to get them combined into one lesser fee but it might not work.  

Do first things first.  Find out about paying  the tickets first...

Then think about other decisions.
skb

scottharwell33 6874 reads
posted
20 / 33

i called today to check on the tickets they haven't put them in the system yet. however they are a mandatory visit to the court house they cant be paid on line

cathyb 6929 reads
posted
21 / 33

As long as you are ready & wiling to comply(pay), you will be just fine.

I had a friend that got a speeding ticket & although she was willing to pay without any dispute, The court required  a mandatory appearance. So we went & they told her to pay $75, it was so stupid, because it was just a waste for everyone.   The court appearance lasted literally 10 seconds. Judge- Were you  going 65 in a 55?  A-Yes
Judge- Your fine is $75........ NEXT................

anabangbang 6236 reads
posted
22 / 33

you can go to the courthouse anytime prior to the court date you were given.

most likely you will only have to pay 2-3 fines instead of 5.

i think arriving before your court date, showing that you are concerned about taking care of it asap will impress the judge/magistrate/whatever.

cathyb 4994 reads
posted
23 / 33

that is great to know, I was wondering what the purpose of the "mandatory appearance" if you are willing to pay.

If you go early do you have to wait & be fit in?

I agree, I would rather pay the ticket & get it over  & done with.

scottharwell33 7146 reads
posted
24 / 33

3 years ago i was given a speeding ticket and court was mandatory. I got there and everyone was lined up and a lady asked each person how did they want to plead, if you said guilty. you could just go pay without even seeing the judge. I talked with a guy this morning that got it much worse. he did a outcall, fulton county charged him with massaging without a permit and escorting without a permit. and he went to jail right then

cathyb 6323 reads
posted
25 / 33

Scott I hope you are Okay &  more at ease.

Yes it could have been  much worse.

So  no reason to make rash decision. Just pay the tickets & do what is needed insure no more entanglements.

I have a friend that gets about $700/month from a CD & (she spends it) I said why not work  a Part Time little job & earn that money & let your CD grow.
She is "too good to do that " with her fancy degree
It has been 5 years that would have been about 50K in savings added to the CD....

my point, sometimes it is good to get (some little job ), so you can avoid going into more credit card debt or using savings.  

You can figure the rest out later, it will help relieve your stress with  some income.I have also done this myself "in between"

You sound like an awesome person Scott I wish you all the best

scottharwell33 5263 reads
posted
26 / 33

they are king 709.25 for each of those 5 tickets. I might as well plan on going to jail. no way can i pay that amount of money

cathyb 7268 reads
posted
27 / 33

Scott, please breath & think clearly,

you can do this,
ask if they can reduce this? Then pay off with credit card(  that way it won't be hanging over your head)

or
If that is not possible, you can make payments.

I know it is a lot of money ,but trust me an arrest would cost way more & haunt you forever , an arrest will humiliate & ruin your future.
& legal fees an easy $25,000 & up...

Jail even a day or 2 is hell , it is disgusting, nasty ,filthy, no privacy, rotten food dirty, stinky water to drink, cold showers. no fresh air, mean officers. it is the worst experience ever, you get to sleep on a hard rock with a paper towel is the sheet...it is so gross...They put lice medicine in your hair & look up your private areas, they x ray you for TB...it is horrible..

Just pay the fee & move on & never have this problem again ,
be grateful it was not worse. promise you will pay & not let this get worse.

scottharwell33 5413 reads
posted
28 / 33

I didn't have a clue that a prostitution charge could go up to 25.000 in legal fees. i figured those charged with that paid around 1000.00 bucks

cathyb 5657 reads
posted
29 / 33

believe it, & the worst part is that it never goes away.
These darn data bases the "arrest" alone spreads like fire & any person can snoop & look up all kinds of details for free!!!!!!

Even IF, you beat the charge on (prost) a lot of damage is done & good luck getting removed off the  data bases after wards.

Plus ,if you go to rent a new apartment ,new job etc... it can "POP up" & it is the type of charge with such a stigma, much worse than "real crime" that make the accused look like scum of the Earth. That is the perception of our society.

DAs will prosecute flimsy cases with little or no real evidence, but will win just because they are at the advantage of knowing the system.

So my friend, I just want you to learn by another's mistake/bad luck  & pay your tickets & move on. & Be very grateful that it was not worse.
This will all be behind you soon.

anabangbang 4603 reads
posted
30 / 33

are all lumped at the same time, you have to wait to be fit in even on your scheduled court date and time. (unless you have a private attorney and in my opinion this is the best perk of having one- you get to go first- woooo hooo)

anyway,  you wont wait any longer than you would have to anyway.

i never wait for my courtdate.
i like to go at MY convenience.

always prior, well mostly prior,
(30-60 min late has been ok, and i got by with a day late once but im retarded blonde and they were sort of cranky about it but still ok) ..

i recommend always go early, never late -- there's a definite difference in their attitude

scottharwell33 4698 reads
posted
31 / 33

my clients were great they took up a large donation and i paid the tickets off on line

cathyb 5576 reads
posted
32 / 33

you actually showed up "late for court" not once, twice, but at least 3X & even missed a full day???

Ever watch TV & see the ones that look like they rolled right out of bed, and show up wearing revealing clothes &  body art showing.


cathyb 6177 reads
posted
33 / 33

YES,  so thrilled to hear the wonderful news.

it is over. & you don't have to move suddenly

Can you believe those bottom feeder cops ,went to the trouble to search online, set you up,  tried to get you for as much as possible, when they should have been catching the Bad Guys...here they are setting up massages......

anyway, you need to see what needs to done so this will not happen again.  maybe no more advertising since you have regular good friends,, keep your good people in a small circle.

maybe a part time little job for a few months to get that credit 17 K card paid off quick.

Scott, I bet your glad no arrest

I am so happy this had a great ending!!!!!!!!!!!You made my DAY

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