Someone I know was recently arrested in a police sting. The LE was scanning the internet and making appointments for girls to come to a hotel room.
She always uses a booker, therefore never speaking to the client prior to arrival. The booker discusses donation, time, etc...
Her arrest report stated "prior to solicitation, Agent made contact via cell phone, with a white female (how did he know she was white?), later identified as "my friend", who was advertising herself on arrows.com During phone conversation, Agent asked female to meet him at his hotel room and also agreed to perform full sex in exchange for $200."
She was arrested, never read her rights and taken to jail along with 2 other providers.
Since she NEVER spoke to him and EVER discussed sex with him does she have a defense?
but she needs a lawyer to study all the angles for her.
That's the main thing she should be looking into right now: getting a lawyer from that area who know prostitution cases.
If they truly arrested her without reading her maranda rights, then it's an open a shut case.
She questioned why she was read her rights...they told her they didn't care what she had to say so there was no need.
If LE is not going to ask questions to obtain information they plan to use against her in court, (incriminating information) then there is no need to advise her of her rights. Very few defendants who are arrested for violation of prostitution laws are ever advised of their Miranda Rights.
If you are going to be in this business I suggest you go to your local court house and ask to review the complaints filed in the misdemeanor arraignment court. Each misdemeanor complaint filed by the prosecutor's office will include a copy of the arrest report that was used as the basis of the complaint. Most court houses have the records computerized so it's fairly easy to access the reports. Read the arrest reports involving prostitution arrests and you will get an idea of who and what is being arrested and how LE is making the arrests. You probably won't see too many arrests where the defendant was advised of his/her Miranda Rights, but you will see quite a few voluntary statements made outside of Miranda. Sometimes the arresting officer will place the initials LTFT after a voluntary statement if the officer chooses to mention the statement in the report. The initials LTFT is supposed to be Latin for some phrase but everyone knows it means, Let The Fool Talk. The time you spend at the court house doing research could help you avoid spending time in the arraignment court.
She called legal and was told they don't represent in criminal cases.
Correct. The county public defender is the correct agency for free legal representation for criminal defendants unable to afford paid counsel.
Balboa is correct. LE need only provide Miranda rights/warnings if two conditions are met:
1) the person is arrested/ in custody
(yes, LE arrested your friend) AND
2) LE interrogated your friend about the incident following said arrest or while in custody.
You concede LE said they didn't care what she had to say. That is their prerogative. In her case, their legal position happens to be the old familiar phrase "Tell it to the judge."
So your friend can talk about her side of the story once she has her proverbial "day in court."
she was interigated for 30 minutes & interegated searched without Miranda?
if the police question a subject without the benefit of mirandizing him/her than all the evidence obtained by that interrogation would be ruled inadmissible.
In the case of the OP Miranda would be irrelevent as their was no interrogation and consequently no tainted evidence.
One further note on the subject. Even if the police interrogate a suspect without reading the suspect his/her Miranda rights the case is not necessarily thrown out. Any evidence obtained would be thrown out, but if there was other, untainted evidence the case could and would proceed.
they are not required to read your miranda rights until you are in custody.
prior to that, they can question you all they want..
if you are being questioned by a police officer and you're not wearing handcuffs, the only thing you should tell them is your name and address... once you've done that, ask if you are free to go.
they must arrest you to detain you.
anything you say before the handcuffs are put on can and will be used against you in court.
most of time when people are questioned by the police, they think that if they cooperate with the officer who is "just trying to figure out whats going on", they will be able to talk their way out of getting in trouble.
no
you only talk your way into trouble.
name, address, shut up
forget how to talk
always better to be arrested then convicted.
My point was that Miranda was not even relevant in this particular case.
Your points are quite valid. You can never talk your way out of jail, only into jail.
Best advice when dealing with LE, be polite, don't lie, and say nothing except "Am I under arrest?"
as that is not quite accurate.
Miranda warnings must be given prior to "custodial interrogation." But this does not mean you have to be handcuffed, or even formally arrested, before the warnings are triggered. If there has been restraint on freedom of movement of the degree associated with a formal arrest, the warnings still must be given at that time to preserve the admissibility of what you say, subject to exceptions for officer and public safety. And in fact any time the police interrogate you in a "police-dominated atmosphere” - even in the comfort of your own home - the warnings must be given.
but i guess some people can be detained without being cuffed.
LOL
I wonder if we're missing the point. LE skope to a third party "the booker" but "my friend" showed up & was arrested. Is there any protection? Maybe she was at the wrong room? Is she on the hok for statements made by that third party?
I have overheard (from the bathroom, while dressing) providers take calls... I wince at what I've heard them answer.
HV
It seems she cannot possibly held responsible for what a3rd party said or negotiated.
supposs, some person said here "go out with my friend she will "do you" if you buy her dinner"
and they meet hit it off have dinner & get it on, should she be arrested for prostitution if the guy was a cop?
In my opionion she would have to "clearly reconfirm or consent to the alleged illegal activity"
I don't think there is anything called a legal assupmtion based on a 3rd party.
Bottom line a women should always have the right to say NO...even IF she had sold her body 1000 times no one has the right to do something to her without "consent" in other words can a prostitute be raped? the answer is YES.
therefore LE would have no case, however LE will do all kinds of fabricated cases & arrest without a violation . The DA will stiffbrow the accussed into taking a plea...just out of the cost of defense.. It is very dirty biz & cops are getting away with more & more...
the booker could just be "trash talking" or not serious or just placating or just "Yes-ing" the caller. depending on the Law anyone can say anything about another person,,but that does not mean all 3 parties are in agreement. It seems LE would have to proove that the booker & lady had a clear agreement..... & that does not mean she cannot change her mind... I personally think it is a terrible case for the prosecution
She has her court date on June 23rd.
One thing she said that sticks out in my mind is the issue of cell phones. The police scrolled thru her cell phone and determined it was NOT used to commit a crime and allowed her to keep it. The other girls that were arrested had their cell phones taken to admit into evidence.
The room was wired for sound as well as video. She said the only discussion was about the type of condoms. The guy said he was allergic to latex. She asked if he brought his own.
Could this be an admission to perform sex?
I don' t think it is illegal to merely discuss a condom & assume it is for illegal activity,
Or else any middle school class studying human development would be a crime.
Just because she made "small talk" does not mean she plans on a crime with this PIG. Also if money was not exchanged or discussed in her presence. I don't think anyone can speculate & assume.
There is no such thing as an "inherent agreement" regarding sexual activity that is what date rapest uses as a defense.
If there was video it may depend how affirmative she behaved. Was she passive with a funny look on her face or was she was taking charge?
Even if she was flirty I would agrue that does not mean she wants anything beyond the flirting.
I knew a college girl that would was known as a "tease" she would stay overnight & sleep in bed with guys & swim naked with many men, but never put out.
My point ,I think it will come down to an agreement & exchange of money for sex , If they don't have that element I think your friend could beat this. good luck to her.
I agree and that's what I told her.
Hopefully she will be able to beat the charges.
Her and the booker have since parted ways and now she's having a hard time getting work. It sucks when a provider puts her trust into someone that doesn't have her best interest in mind.
Thank you everyone. I'll post the outcome of her case.
if he called an escort ad and the girl asked him if he brought a condom, it's going to difficult to believe she didnt intend to have sex with him.
also in regards to the booker..
do you have any emails between the two of you where you are telling him what he is allowed to agree to ?
As far as I know, there are no emails, just the phone conversation between the booker and so called "client"...
Apparently, even the photos the booker used were NOT my friend.
It also is one of the reasons that advice you get on an internet board is almost always incomplete. It makes me wonder what else you forgot to mention in your OP.
The short answer is yes, your friend is screwed. The prosecution will almost certainly be able to present a suggestive website, the tape recorded conversation with the booker and the tacit agreement to have sex, not to mention whatever else your friend said to the police that she forgot to tell you.
A lesson to all "would be attorneys" and assorted other "do gooders". Anecdotal stories are almost always missing relative and crucial details. Giving advice based on half truths is impossible even by practicing attorneys.
She wasn't read her rights so I'm guessing whatever she said is not admissible.
How can a 3rd party agree to having sex on behalf of another? The website didn't have her photos.
Just the mention of a condom does not mean sex will take place. Does it?
Do you really think that reasonable person will take her response of "did you bring your own condoms" to mean anything else?
Of course what she said is admissible, the only thing that would not have been admissible would be if they had questioned her, after arrest, but prior to her having been read her rights.
Do you think an undercover cop has to Mirandize a drug dealer before asking him if he has any crack for sale? If you are going to engage in illegal activity (even if wrongly illegal) it would behoove you and every other provider to learn the law.
1) escort is NOT illegal & just requesting one does NOT imply sex will take place,
2)There is no such thing as implied consent regarding sex.
3) discussing a condom does not either,
"did you bring your own condom? could have been sarcastic & in no way implies "sex for money"
They really need her making a clear agreement & her taking the money , to have a slam dunk case
I agree with GA that WE don't know all the details, but ,from what you have provided, it sounds like they are trying to create a case on bits of nothing...
The exact same scenario might happen between 2 adults in a serious committed relationship or swingers or a horny women or lonely women, married couple , frat boys etc...
just discussing a latex allergy is not a crime nor going into a hotel room, the law is clear & has certain elements to be fulfilled & no person is a mind reader & no such thing as an expert picker pecker that boings towards tramps.
good luck to your friend
that in Florida it is a law that words alone get get a person convicted. The good news is they are "specific words" therefore, no room for assumptions, vagueness & guessing. I would argue those words can be used many more situations than just solicitation.
I read that in Manatee county(2008) a 93 year old man was arrested & prosecuted for offering an attractive women that was walking (vice cop) a ride . The vice cop all of the sudden started confusing sex talk & the poor man said "here is 20 bucks I will come back later for sex" pathetic & evil police work. I believe he won because they could not prove he would actually come back...
In Georgia, they have something called "live lingerie modeling" aka Jack Shacks..the men pay for a "private modeling session" the men can make themselves as comfortable as they want. but no physical contact can occur, The men may use a condom to keep thing tidy & the women wear garter belts ,hose & high heels & dance to music as the man sits in a chair & enjoys himself. This is 100% legal.....I know a women that did this she also was a Penthouse Centerfold
My friend went to court today. This was the offer:
7 days in County jail
60 hours community service
3 years probation
$1000 fine
HIV test and STD classes
She promptly plead "Not Guilty"....trail set for September 3rd.
I went with her and there were people with DUI's that were walking with 30 days probation and withheld adjudication. WTF???
good for you to stay by her side,
I hope she gets a good lawyer, I agree "WTF"
Sometimes they drop right before trial,
I would not be surprised if the DA never actually read over the details of LE report. And they have not even studied how weak their case is. Remember get a lawyer that will defend the case NOT force her into just takeing a plea on a flimsy case.
all fingers crossed
One of the other girls that arrested in this sting got her case disposed...she had an attorney.
My friend doesn't have the money for an attorney now, but hopefully by the time, well before, the trail date she will.
Yes, fingers crossed!
Thank you!