1. You have the right to remain silent.
2. Exercise your rights to their fullest extent
under the law.
I was stopped by a detective from Montgomery county police dept. and was asked questions about my nature of business for visiting an apartment which he said was under investigation for house of prostitution. I responded to an ad on Craigslist, st up an appointment and visited someone in the apartment. I refused to answer any questions and said that I wanted to have my attorney answer any questions. He said I was not under arrest and will let me go without any problem if I cooperated. He also said they have video recorded my going in and coming out of the place and also they have my phone conversation with the girl. He took my info from my driver’s licensee. I still did not give any info other than my ID. He indicated to have my attorney contact me ASAP and than I left. He did not arrest me, did not charge me or and did not issue me documents.
I am scared and do not know what to do! Please help, should I contact an attorney and have my attorney contact him? I do not have attorney and would appreciate some help if some can recommend one in Rockville, MD area. Thanks in advance for all your help.
Never answer any question other than your name and address and then only if they ask you for that.
Second, if that cop had a shred of reasonable suspicion to arrest you, he would have. His whole spiel about you being caught on tape, etc. is purest BS.
Go ahead and call your lawyer, mostly because it will make you feel better, but that's about it. There is no reason in the world to have your lawyer call LE.
Last: Stay off of Craig's List unless the gal is someone who is well reviewed. Was she? If so, alert the TER community on your local board so that no one else gets tripped up.
(still not a lawyer)
I agree 100% with MR Fisher.
It must have been scary....
many simple explanations ..maybe she was selling something like a couch, kittens,TV,dining room table etc....
or maybe she works from home & does Resume Design, web design,interview for an article she is writing, plans parties. hiring an assistant to work on a project ..etc..
There are many legit reasons why soemone would speak to a stranger on the phone & go to their house or even a hotel
do not lie to LE. You have the right to STFU and it sounds like the OP had the sense to do so. (Unlike Ron White who had the right, but not the abilty lol)
Do not go winging it with excuses and/or lies to LE. You did exactly what you are supposed to do under the circumstances and as Mr Fisher so accurately stated, if they had anything on you they would have already arrested you.
Continue to use the good sense that you have already shown and go home and thank your lucky stars that the guy before you didn't roll over before you got there.
You did everything right...
I really doubt they had a court order to tap her phone... for a misdemeanore?! They might have video of people coming & going. It's up to LE to prove what went on inside that apartment. They've got to flip someone, or send someone in undercover.
LE is trying to flip you or at least scare you straight. I really doubt you'll ever hear from them again.
skb
have you talked to the lady since? did they bust her?
It is amazing how normal, intelligent people become blathering idiots at the first sign of a badge. The OP did "EXACTLY" what he was supposed to do, the odds of the next couple of guys acting so intelligently are not good. I am sure that she has already been arrested, it makes a very good argument against using Craigs List. LE almost always goes after the low hangig fruit.
I don't know much about Maryland law, but I can say some things about general criminal procedure. A local attorney would be better able to explain to you. A local attorney would also know how the local courts and law enforcement operate.
You had what is called a "consensual encounter" with law enforcement. You weren't detained or arrested. That means you were free to go anytime you want. You didn't have to answer his questions. You're not obligated to help him with his investigation.
Even though you weren't detained or arrested, there is a remote possibility that the prosecutor could decide to charge you with a crime. Crimes don't have to be prosecuted immediately. Prosecutors can wait to gather evidence or just take time to figure out what they're going to do. They should notify you by mail if they're going to charge you. So keep your address current. I've worked on too many cases where a person is arrested, released, and the charges were then filed a few months later. However, the summons gets sent to a former address, so they miss the court dates, and the judge then issues a bench warrant for a failure to appear. But like I said, this is remote.
So talk to a local attorney. She or he might be able to put you at ease. Or at least, you'll feel secure that you'll have someone to talk to if the shit really does hit the fan.
Just a reminder they have to catch you in the act and see the money given. You were dropping off money for there rent or car payment
Solicitation, conspiracy, and attempt are all "inchoate" offenses. That means they do not require the crime to be completed. So solicitation of prostitution, conspiracy to commit prostitution, or attempted prostitution all don't require to be "caught in the act" or for money to change hands. Otherwise, a lot of police officers would be having sex in order to do the stings.
Also, in Maryland, "assignation" is also a crime. "Assignation means the making of an appointment or engagement for prostitution or any act in furtherance of the appointment or engagement."
Furthermore, if the money happens to be the same exact amount as requested in the ad, or as discussed previously, I don't think a judge or jury is going to seriously consider that it was for rent or a car payment. Particularly if it's in the hundreds of dollars and in cash and not a check.
on how warrantless misdemeanor arrests in many states can only be made if the crime was committed "in the presence" of the officer, that is not true in Maryland with respect to prostitution and related offenses. The officer can arrest if he has probable cause to believe the crime was committed, regardless of whether it was committed in his presence.
So definitely not true that they have to "catch you in the act."
The OP thus was quite at risk of arrest here and probably saved himself from arrest by keeping quiet and not giving the detective any additional facts, other than his presence at the apartment under investigation, that would support a probable cause arrest.
Thanks so much for all your help, I feel a little better now. But looks like, based on some of the comments on this thread, they still can charge me at a latter date. I wonder if it would be worthwhile for them to do that since I am from out of state, they do not have my address in Maryland and I will be leaving soon. If I am charged, hope fully the court would let me go on supervision or probation since it would be my first encounter with the law. I am scared because of embarrassment I would have to face in front of my family and friends.
I do not know a police detective has an authority to arrest and charge someone. I am not sure what intention he had in stopping me other than to gather info about the apartment and prepare for a possible bust by police a later date. I wanted to contact the girl and alert her about the investigation but was too scared to contact her on phone again.
I learned from this board that I would need to remain silent in if I am faced with this situation. Thank god this board exists; otherwise I would have been in a lot of trouble! Thanks again!
your fear & also the "humilation" factor.
1) I think you dodged a bullet on this one & are going to be OK.
2)I do not think it will come to this....but,, from someone that has been popped & lives 3000 miles away from the "event". The DA did not care, about the ruination of my life. And I thought the same thing..you are thinking & I finally gave up on their (nothing case)...to stop the "humilation"!!!!....but guess what ....it never stops,,The humilation gets worse & over time as these online data bases will broadcast all the details to anyone that knows your name.....& can do a simple & free search....
SO in that, there is no way, I would give in to theese bottom feeders... but the great news is think you have learned a lesson & will not put your self at that kind of risk anymore.
I honestly think your going to be Okay. take care Tom
but more than likely the police were fishing for probable cause to bust the lady in question. There goal was to get you to piss your pants and confess to seeing a provider, armed with that evidence they could now arrest the lady in questions and quite possibly the poor schmuck who was seeing her after you.
Many, if not most men in your situation would have tried something like confessing to something like receiving a "massage only" session or some such bullshit.
Tom, You did good. I am no attorney and nothing is guaranteed, but the chances of ever hearing anything more about this case are slim. You can pat yourself on the back for doing the right thing and saving yourself and the lady in question a lot of grief. Unfortunately the next guy might not have been as smart as you and more than likely the cops "got their woman", but at least you can have the satifaction that they didn't do it with your help or at your expense.
Here is a link to the wrong way to respond if approached by LE. Ironically it also happened in Md.
What ever you do, the say nothing response is best; if you lie, you can be charged with impeding an ivestigation or giving false info or the like. Never lie, just say nothing.
First of all C list is a lot of stings go with an agency you know instead of doing it the easy way out! Also don't see girls that see too many men. That is asking for getting caught. I would not contact them my personal opinion. They can't get your for much put it that way and sounds like he let you off the hook.,
Meadow
It's quite easy to obtain wire taps (phone and internet) these days. Cameras taping traffic to and from a door are used frequently in this type of investigation so don't assume he's lying. I've heard them used more frequently in hotels though.
If I was you, I'd seach out a good attorney who specilize in vice. Most will sit down with you for free. I wouldn't retain anyone yet.
Chances are, someone else told them everything they needed to know and will cooperate as a witness in court.
They're making a case against the house, not you.
Good luck and good job in handling yourself. You've probably kept yourself out of alot of drama.
1. You have the right to remain silent.
2. Exercise your rights to their fullest extent
under the law.