Would anyone be interested in an informal legal question and answer format?  I have been a practicing lawyer for nearly 30 years and would be happy to answer general questions as a pro-bono service to the TER community. I welcome your input.

YES! YES! YES!

ok,
had a647b from 02, it was finally dismissed/not guilty via expup.
now I am trying to get arrest "sealed & destroy' via factual innocence.
do you know how hard the county will fight this?
I have no priors/ no afters. I am professional
the case had technically no violation of law as I refused money. it was set up from a personal ad
I am NOT a provider just some lady.
the cop basically saw me as a trusting kind person , & went to elobarate lengths to lure me into a situation I could not escape, then became aggressive & inappropriate, & arrested me with no violation.  I can paraphrase the LE;s report, it seems any decent attorney could easily aregue FI based on the report alone.
thank you Ron

I am not an attorney and the board has a mix of attorneys and lay people contributing what we can and learning along the way, hopefully, providing some support and assistance to those who need aid.

It's one of the more interesting boards on TER because of this.

(still not a lawyer)

Ron your a God send, love to hear your expetise's &  professional opinion, it will be much valued.
thnak you very  very kind

Dear Cathy:  First of all, I am a little unclear as to why your case was dismissed.  Was it dismissed after a pre-trial motion or hearing, or was a not guilty verdict returned after a trial?  I do not know the state where the case was filed as you don't specify, but any expungement or "sealing" procedure will be dictated by the state's criminal procedure code where the case was heard.  Normally the state has no interest in opposing the expungement if you meet the criterion under the statute.  You can review the statutory procedure on the internet to see if you qualify?  If you have questions or need assistance, contact a criminal defense lawyer in your area.  Good Luck!

to answer your questions;
it was Cali.
it was already expunged/dismissed
but I am trying to get the actual arrest (sealed & destroy) as it damages  my life.

I have to prove "factually innocent", which I assume since nothing in violation was done in the first place,, my goal is to clear my name. bless you Ron

The chief defenses to LE busts in the hobby I assume are entrapment and lack of proof that sex was solicited by the defendant.  

The situation I was in turned out to be a scam rather than a bust, but the "provider" claimed that I was vulnerable to conviction for this scenario:

I called the number on her Eros ad, but the ad of course did not promise sex.  It did not even say GFE, as ambiguous a term that is.  When I was close to the building I called the provider's dispatcher and was given the room number.  When I entered the room I placed the envelope with cash in it on the coffee table.

"Is this my fee?" she asked.  I said nothing.  She then called her compatrriots/security, said I was there, had paid $x for one hour and she asked to see my driver's license.  I showed her the license and she gave my last name over the phone to her security.  

We then sat on the couch, television on, and began to talk small talk, nothing sexually related and no touching.  After a few minutes, she said, "Well what are you interested in doing."  I was silent, trying to decide what to ask for actually, and before I could say anything, she asked, "Are you expecting sex?"

I answered, "Well, yes."

She then explained that while she was not LE, that this exchange could have resulted in my  arrest. She went on to explain that since her ad did not specify GFE that I should have known sex was not involved.  We could go out for a drink or just hang out in the apartment.  I didn't argue the point.  I was jusk kicking myself for getting scammed.  

So, ron, what do you think?  Was I soliciting prostitution?

Dear Rudy:  Your fact pattern might lend itself to an entrapment defense had the lady been an undercover police officer or an agent of law enforcement.  Entrapment requires that the police initiated the criminal idea or intent; in other words, the police put the idea in the Defendant's mind.  This is a question of fact for the jury to decide.  Two points you made in your story would support a possible entrapment defense; first of all, the ad did not specify any specific sexual acts or familiar abbreviations such as GFE or the like.  In addition, you failed to mention any specific acts you were requesting by the visit. This would make an interesting case to try.  Once again I repeat my warning about incall settings; the police prefer them so the appropriate audio/visual equipment can be in place along with the backup. The state never wants to try a case where the case is based on a they said/Defendant said basis even though juries are still inclined to believe the testimony of LE who always show up in uniform to testify.

Clearly client solicited sex by putting down money and responding "yes" when asked if he was expecting sex.

      There is no entrapment defense on the facts in your hypothetical if we assume she was LE.

        Remember that entrapment is designed as a defense for the “unwary innocent” and not the “unwary criminal.” Under fed law, there are two elements 1.. government inducement; and 2. lack of prior disposition. Defendant has the burden to prove element one by a preponderance and the government must prove element 2 beyond a reasonable doubt.


        Even if client could carry his burden of showing inducement by LE on grounds that LE first raised sex, LE could easily defeat an entrapment defense by proving predisposition beyond a reasonable doubt. Client found this lady by reviewing EROS ads, a website commonly known to be used by ladies offering sexual services. Client is also a member of TER with reviews –well, we all know what that means. And client responded immediately “yes” when lady asked "are you expecting sex?'. Prompt response to a criminal proposition can support a conviction, notwithstanding an entrapment defense.


Smart lady. I think she earned the fee.

Entrapment almost never works in the sex arena except maybe for Cathyb. I can see it being a defense for her.

This is the question I have wanted a professional answer to:

I contact a provider via email or phone and set an appointment with her.  NO discussion WHATEVER of any sexual activiity, merely 'I saw your ad and want an appointment to visit you for x hours.'
When she and I meet I leave the ubiquitous white envelope someplace for her.  I do NOT mention sex or expecting ANY activity.  If she WERE to be LE, have I committed a prosecutable solicitation?  Does simply making an appointment and leaving a donation constructively equate to a solicitation for prostitution?  

Take the same scenario and reverse it from the provider's point of view.  What if she absolutely ignores the envelope till after the session?  I've had ladies do this and when I asked they were real upfront that they had never been scammed by a client and they would rather fuck several guys for free (no money in the envelope) than take one bust (hard logic to argue with).

To finish my scenario, at that point we would sit and stare at each other till either she made a move that LE wouldn't do (unzip, DFK, whatever)or till my time was up/i got bored and I say 'thanks' and leave (i'd rather be ripped-off than risk a bust too).  
mvr

I do not believe that the state would ever try a case given the facts you describe.  However, many insufficient cases are strengthened by the embellishment or outright fabrication of certain facts by LE in their reports.  As previously stated, many jurors still seem to want to believe the city's finest when they testify in uniform.  Police generally make convincing witnesses; keep in mind that they are taught how to testify in a believable fashion and to look directly into the jurors eyes from the witness stand. Also, they are considerably less nervous than most witnesses, particularly the poor Defendant should he take the stand in his/her own defense.  However, the vast majority of these cases are resolved by plea bargain for financial reasons, career reasons, or simply to avoid further publicity or embarrassment. One final point- don't be so sure that LE would never unzip,touch,etc.  A lady in this town was busted on her first outcall after the guy had gotten totally naked at her request.  She resolved her case by agreeing to participate with LE in a sting operation.  Real story!

...it happens with a male vice officer, but its really tough for me to imagine a female cop getting intimate at ALL to make a soliciting bust.  I've heard them talk about 'decoy' work and most are pretty disgusted by having 'creepy old men talk about what they want to do to them' (usually street corner sting work) and thats when they have all their clothes on!  Its no secret that a large percentage of female LE are lesbians (I don't have a problem with that, but it is a fact) and them getting intimate with a man makes it even more specious.  

And regardless, I'm never saying anything at any time during the session that will be a solicitation.  After we have become intimate nature can take its course and I can relax and follow her lead.  

But nothing is fer sure!

MVR

Thanks Von...this question is one I've also wanted an answer to for a long time.    And, living in the Chicagoland area - I always worry that - even if i approach the situation just like you describe, if LE is looking to make xx number of busts they will say whatever they need to say to prove guilt.

I have had 3 outcalls come to my home.  Each time, as soon as the lady walked into my home, I asked her to prove that she wasn't LE.  One showed her breasts, the other two showed their vaginas.  I thought that was pretty sufficient proof but I wanted to make absolutely sure.  Can you help me with this?  If those are not sufficient forms of proof, although I can't imagine a female LE exposing herself, what is?  What's the best thing to ask a woman to get her to prove that she's not LE?

I've wondered if there is anything short of a) electronic bug sweep and b) only incalls with physically frisking your intended for a wire (chest, neck, pockets and ears).  And I wonder, are there LE who will make a bust on their own testimony, without a wire - just on the chance the "victim" will confess or plea bargain?

This is the oldest profession .... surely there are some authoritative resources, for how to positively verify if a person is LE or not.

Does anyone have some solid authority, or strategies for detecting LE?

Ok..I have a couple questions. First one. I give nude/seminude massages. Is this considered illegal? There are no extras with it. It is simply I guess a striptease. I will either be in panty and bra or some sort of lingerie giving a massage. I am a certified massage therapist. Please let me know. Also..another question. I am taking tantra classes to be a tantric practitioner and am currently learning about the lingham massage and yoni massage with is pretty much a massage for your privates. However, it is not the same as jerking someone off since the goal is not for the guy to ejaculate but to help them learn to control their ejaculation and is more to help guys who have problems down there. Please let me know. Thank yoU!

To piggyback on that thought, I am brand new to the hobby and want to wet my feet with a FBSM.  I have been checking out the reviews of a couple of providers I am interested in.  
I've got a few questions for the Discussion Board:

1) Are massage services illegal?  Does the legality depend on whether the provider is licensed CMT or if the services offered are FBSM or just massage or not?

2) If a provider is well reviewed, does that ensure that she is not LE?  Being a well reviewed provider seems to be the seal of approval here. How much trust can I have in this TER review thing?

Please help me out here!
I appreciate the Discussion Board's patience with us newbies.