I did everything wrong you can imagine and it was all captured on video tape. I am not familiar with Nevada law. This happened in Vegas.LE had an operation going and I blindly walked right into it. Doesn't it seem like entrapment when they call a lady and they make the suggestions? I am wondering if I stand a chance in court, since I can not afford an attorney.Even if I come up with the money for representation, what are my chances of not being convicted of prostitution? And what is the absolute worse thing that could happen? I have already plead innocent. I go back to court in a matter of weeks. Can anyone suggest any tactics I can use? Personal expiriences? Insight? Legal recommendations? I mean, besides kissing my ass good-bye?
Wow, For what its worth, I'm sorry to hear about all this.
However, all is not lost. Contrary to what your financial situation is, you should still be able to get help from the local public defenders office.
I know the PD has a bad rep in some cities, and I myself had to avail myself of their services on one occassion. Regardless of what you may have heard, most deputy P.D's are pretty good attornyes who go off into private practice later.
Its based on ability to pay so you you might qualify for free representation, or representation at a very minimal rate.
In addition, Attornyes are required to do a certain number of hours "Pro-Bono", ie for free.
Let us know where in Nevada, Ie City and County. Perhaps one of the Lawyers lurking on the Board can either step up to the plate, and offer, his or her services, or give a referral to a Lawyer in that area.
CHIN UP!!! It aint as bad as it seems. I'm not lawyer(yet)but I think you can beat this thing
Best Regards
Look for cracks in their case, too. Did they break the law or violate your constitutional rights in any way? I know of a provider who was arrested after the cop had sex with her. She pleaded it down to the minimum charge & he's now got his ass under investigation. I know your situation sucks, but things may not be as dire as you think.
Hang in there.
Thanks for the encouragement. It helps. Judge told me that I won't have a jury trial because no jail time is involved. And because of that I will have to get my own legal rep. or represent myself. I was not read my rights-same thing happened years ago on an unrelated matter. My PD said even though my rights were not read it didn't matter. I think entrapment should be illegal. I hear here in Vegas cops have 'absolute immunity'.
Don't know if it is true or not.
Hi there, hows it goin? Did you have a good turkey day? I hope you spent with family and friends.
I know you are stressing big time right now but I need you too please clarify a few things.
1. What kind of penalty are you loking at? If the PD did not offer this kind of info upon his or her interview with you before you go any further find out. I presume this is your first offense at ANYTHING!, ie previously in life the worst thing that ever happened to you was that you were given a ticket for speeding. If this is the case, and the DA is offering a relatively light sentence (I admit a "light sentence" is a very subjective thing) you may want to consider accepting the DA's offer in the interest of expedience. In other words, if the DA is offering you a reasonable fine, along with a period of probation or something along those lines you, or your counsel may want to change you plea to nolo contendre, or no contest, and accept the ruling of the court. The bottom line is this, if what is being offered is tatamount to a "slap on the hand" you may want to take it in the interest of expediency.
2.Entrapment: If I recall my law school class correctly, Entrapment is dificult to prove due to the Court's long standing position that if you were arrested for any kind of criminal activity using questionable means on the part of LE then you probably engaged in this type of activity before (again, any type of criminal activity)and were not caught hence the guilty mind theory and the court can fail to see entrapment.
3. You said you have a Public Defender? I sugggest you figure out a way to engage their services. I know the one time I had to use them here in L.A a payment plan was worked out. The trick with using the PD's office, and listen very closely here is to get the correct person representing you.
Some Deputy PD's are there for the money ,and could care less about you. In other words, they are lawyers licensed to practice in that state, and they can and will give you a legally adequate defense.
They are not (in my experience) however as zealous as most Deputy DA's. Defense lawyers of that calibre tend to leave the PD and go into private practice, leaving the rookies and what I euphemistacly call "Truck Drivers" ie pull em in, plead em, pull em out. Based on what you say, I think you might want to change PD's to someone more enthusiastic.It's your choice but if it was me.
4. Unfortunaltely, your PD may be correct regarding le's failure to "Mirandize" you. I would definitly get a second opinion regarding all of this. I have a problem with your denial of counsel by the court. Even if that were true, DO NOT, repeat DO NOT represent yourself. the old saying "She who represents herself has a fool for a client"
There must be some criminal defense lawyers in vegas reading this. You know the ABA requires pro-bono time. This lady would be a good candidate to serve to comply .
Thanksgiving was wonderful.
I refuse to stress over this. Nerves on edge a little.
No I do not have representation. I do not qualify for PD because the judge told me there is no jail time involved. I was not denied council; judge said I had to get my own or rep. myself.
This is a first offense. From what I gathered from the Law Library, I am charged with a misdemeanor. Punishment: no more than 6 months in county jail, and/or a fine of not more than $1000. which can be paid by doing community service.
I posted this in the hopes of getting some insight from other providers. Here in Vegas there is a special court for prost. charges, at least that is what judge told me.
You can bet your ass I will try and help out other providers in Las Vegas when this is over.
For the record, police are not required to read you your rights until they decide to question you. It a common trick. In hopes that a suspect will blurt out statementsthat will incriminate themselves, the police will not mirandize until just before they ask incriminating questions. If this was caught on tape, there may have been no need for questions. Is it fair to assume that you wee never mirandized through the entire encounter? If you were never mirandized and they asked questions that could incriminate you, you may have a case. It's a shot. Good luck.
I do not really know why I am taking such an interest in this case. Other than, it is a case that can be beaten, but it requires the services of a skilled Lawyer who cares and APPARENTLY A LAWYER OF THAT CALIBRE DOES NOT EXIST IN LAS VEGAS!!! I KNOW AT LEAST ONE OF YOU IS READING THIS.So be a mench, get in touch with nit wit and pony up the pro-bono. You know you are obligated to do so many hours a year. If you have already completed your pro bono for the year do it any way. I am still in law school otherwise I would volunteer my services.
We know the following to be true:
1. Yes she could plead to a misdemeanor, but there will a record of the offense, even if the court later expunges it. As a result a potential future arrest and conviction could yield a harsher sentence.
2. I cant help but believe the judge is wrong, regarding representation. Come on people, this lady needs representation. The DA will eat her alive if she represents her self.
3. Nit Wit, I am sorry if I sound too emotional, but self representation is not the way to go. If ultimatly you need to pay for legal services do so and chock it up to the cost of doing business.
I still think the PD should be able to represent you, if not for free then based on ability to pay.
Absent that I hope I have embarassed someone enough to step forward. My final suggestion is look in the yellow pages under low cost legal clinic. These are lawyers who cater to lower income families. They don;t always do criminal but if not they can refer you to a reputable attorney who can handle you case.
A good lawyer should be able to get your case thrown out of court altogether. Notice I said "a good lawyer" not you yourself. I am not questioning your intelligence in the least bit I presume an individual must possess above average intelligence to survive in you profession. But do not represent yourself it is really NOT a good idea.
End of lecture...Good Luck
Caharmon has a point. Some atty in LV should step up to the plate and take the case. I'm sure Caharmon will volunteer to do back up; research; invest; briefs; etc. I would do it if I were licensed in Nevada.
Also, I think we should be trying to do something in this entire area. There is no "criminal" and there is no "vicitm". Everyone is free to participate or not; it's their own right to choose. What's the dif if you pay $2000 for gifts, travel exp, shopping money for your wife or GF, or just give a "donation" to the providers.
I think the entrapment defense is very much alive and well. DeLorian used it in his trial and his case was defensed on it. You might recall the video tape of the FBI agents setting him up in the parking lot. It will require legal research and investigation to prove; and yes nit wit will need a lawyer to pursue it.
I disagree with quality of attys in PD office. I worked in PD ofc in law shchool; and they get more trial experience than private attys. The trial exp is unmatched anywhere else; and you will get a very experienced atty there. (most attys try 2 or 3 jury trials a year; in PD office we tried 15 to 20 in any given year). Also, the private attys are more focused on the plea bargain than are the PDs.
I for one would like to see more caselaw created in this entire area. The entrapment defense needs to be developed into a more useable format in this area. So I join in Cah's plea for someone to step up to the plate; take the case; try it; if necessary, take appeal; and make some good law in this area.
Hi there:
Thanks for the support, I really appreciate it.
You are correct in your presumption, that I would be willing to assist to the best of my ability if nit wit had counsel.
Forgive me for sounding bold but why don't you take the case?
You could file a Pro Hac Vice applicatiion in lieu of being admitted on Nevada.
I presume you are admitted in your home state, so its usually a formality to get a PHV apporoved.
If you are in private practice or work for a smaller firm I understand how it might be difficult but think it over anyway.
If you work for one of the larger firms that love pro-bono, ie Morrison & Forrester LLP, you should be given access to the firm's entire support staff, ie secretaries, paralegals etc to help pursue this.
I;m sure you know all this and I thank you again for supporting me in my position.
I am in Southern California, and if you take this case I will help wherever I can. If you can't do it though I understand.
Thanks again
Cliff
Cliff
Please contact me Im in southern ca
issued citation 647b was not arrested and questioned court is jan 13 2006 please email me if you can [email protected]
Thanks cah; but I would still need a local atty in Las vegas to serve as local counsel even on PHV app. But I would love to try the case.
I went back to my Criminal Law Book and I found that:
One exeption is that Undercover cops do not have to read your Miranda Rights because there is no custody, "no police-dominated atmosphere". However once criminal charges have been filed, undercover officers may not be used to extract information from the defendant.
Another thing you may want to concider
a) Did they question you? DID YOU ANSWER THEIR QUESTIONS?
If they questioned you with out reading you your Miranda rights, your attorney may request a Motion to Dismiss evidence, based on the illegal way that information was gathered.
I truly hope you get an attorney. Even If you can affor it, there must be some out there that may work out a payment plan.
Any thoughts on setting up a defense fund for providers and hobbyests alike? This is a real problem that plagues the entire industry. With a defense fund, providers like nit wit will have a place to go for professional help with expertise in putting on the entrapment defense (hobbyiests too).
It seems that this is such a bugus "crime" (no victim; no "criminal"). Why waste so much taxpayers money and public resources in "catching and prosecuting" innocent people. The resources should be directed to the real criminals (murders, rapes, thefts, terrorists, etc.
The presence of LE threat also promotes the ripoffs (who's going to complain to the LE when the ripoff comes along and takes your money).
Maybe someone should put on a defense fundraiser orgy, with proceeds going to setting up the defense fund.
Pre Miranda, the right to counsel was reserved to captial cases. After Miranda, right to counsel is limited to cases that involve jail time. If one's liberity is not threatened, then the right to counsel is not triggered. BTW, the right to jury trial is pretty much the same constitutationaly, jurisdiction might differ in their interpertations. However, you did not state whether you were arrested or not. If you were, then you might make a plea to argue constitutionality of the arrest, that it did defacto take your liberity away. If you were not arrested and just given a notice to appear in court, then you're out of luck, because no liberty was deprived. In CA, the courts have created 3 class of crimes. Felons, misdeamenors, and infractions. First 2 obvious, involve jail time, and right to counsel, the third does not and was a way for the courts to get rid of all the traffic ticket cases, and other offenses.
I was what they called a 'walk through'. I was given a citation to appear in court. After a closer look at the court date, it is not in a few weeks, it is this week. Good Lord, did I pick the right alias or what? Thank God I had sense enough to double check it. Thanks for all the encouragement, guys. I am going to bite it on this one. From what I can summarize,just like cattle, I will be hearded through the 'justice' system, since I am guilty of this horrible crime, tested for aids, given
'counceling', sentenced to 'community' service, and spit out the
other side, reformed and like a new shinning penny.
The entrapment defense is an affirmative defense that needs to be proven by the defendant. As such, the defendant would have to prove that he/she did not have an existing predisposition to committing the alleged offense, but for the inducement offered by the state. The entrapment defense is a difficult defense to sell to a judge or jury....although, there is a possibility of jury nullification, if the jury were to feel sorry for you and did not agree with enforcing the law against you.
Frankly, I would suggest that you contact a criminal defense atty. in las vegas and weigh all of the options available, including a pre-trial diversion agreement, which would result in a dismissal of the case against you, it would be an alternative to trial and most prosecutors are more than willing to give a break on the first offense...
Nit wit here is what you do.
If you chose to throw yourself at the mercy of the court, and put up with all that BS you discussed about than so be it and the rest of what I have to say is academic.
If, however, you have any intention of fighting this all is not lost.
Appear in court on or before the date on your citation, when called plead "not guilty" and ask the court for a "continuance". This is an extension of time of anywhere from 2-6 weeks or more depending on the court. Most courts allow at least one continuance to allow the defendant (or prosecutor) time to prepare. In addition, you may even be able to get further continuances upon showing good cause.
Bottom line is that you can ask for more time. In addition, I see somemone else agrees with me.. so please get an attorney.
Hello all:
I just reviewed what I wrote a few days ago. I must extend my sincere apologies to everyone who read this. I stand by what wrote. It is apparent to me though that I failed to proof read prior to submission.
Please forgive me.
Thanks
is my first advice to all of my clients. Everything you wrote on this site(including the statement "I am guilty") is discoverable (okay, slim chance, but why wouldn't LV police be on this site checking out what's going on.
It would behoove anyone with legal problems to pose any questions you have in the hypothetical.