Legal Corner

Re:Retroactive prosecution
sidone 7859 reads
posted

I'm not sure what you mean by "retroactive" prosecution.  All prosecutions are retroactive in the sense that they address conduct which occurred in the past.  Hopefully we will never see the day when prosecutors can go after people for conduct which has yet to occur.

In theory you are at risk until Florida's statute of limitations for prostitution runs out.  I think you're right that you are unlikely to be prosecuted, but you may be contacted as a potential witness if the agency and/or the girl gets busted.  If you are called, talk to a Florida attorney before responding.  Otherwise, unless you have some particular reason to think someone is onto you, try to relax.

4411811036 reads

A year ago I saw a provider from Miami Companions. I haven't seen another provider since--but I was wondering if I should be worried about retroactive prosecution.  It would seem unlikely ---I'm in a big city in Northern Ohio, it's a year later, I paid in cash--and the only link would be some phone calls from my cell to the agency.  Should I be worried about any sort of legal problems?

sidone7860 reads

I'm not sure what you mean by "retroactive" prosecution.  All prosecutions are retroactive in the sense that they address conduct which occurred in the past.  Hopefully we will never see the day when prosecutors can go after people for conduct which has yet to occur.

In theory you are at risk until Florida's statute of limitations for prostitution runs out.  I think you're right that you are unlikely to be prosecuted, but you may be contacted as a potential witness if the agency and/or the girl gets busted.  If you are called, talk to a Florida attorney before responding.  Otherwise, unless you have some particular reason to think someone is onto you, try to relax.

Sidone is certainly correct. Article 1, Section 9 of the U.S. Constitution also protects against the passage of any "ex post facto" law (a law that punishes crimes defined after the conduct occurs). Most state constitutions also contain similar provisions.

He does present an interesting scenario, for which I feel the need to qualify. Although, generally speaking, prosecutors can not go after you for a "conduct which has yet to occur," an area of criminal law, commonly referred to as "uncompleted crimes," does exist. A solicitation, conspiracy or an attempt to commit a crime can, in and of itself, be a crime. Crimes do occur in stages. Someone should not misinterpret sidone's comment and think that the "greater" crime is the only crime.

With that being said, in the international realm, an example of going after a person, or country for that matter, for a conduct which has yet to occur, is happening right now...specifically, Bush's War on Terror. Any comments?

441188867 reads

Sorry---bad choice of words!  Thanks for the fix.  Also, I saw the MC girl in Northern OH...I don't think that would change much but who knows...

then you should'nt be in this hobby.  Sidone has given you words of wisdom - now relax or this hobby just won't be fun for you.

just check the ohio penal code for statutes of limitation on whatever it is you might be charged with.

...places, the statute of limitations on misdmeanors is a year.  This leaves you in the clear if Ohio's one such place.  Also, it's unlikely that the Cuyahoga County (if Cleveland's your big Northern Ohio city) DA has time to go after year-old misdemeanors.  Sidone's right, if they're hot after Miami Companions, you COULD be called as a witness.  But even that's not very likely.  A DA who wants to bust an escort service will send undercover cops.  He'd be NUTS to rely on reluctant civilian witnesses to build his case.

Register Now!