Should her Pimp or Madam be obligated to bail out a provider should she get busted?
If they do it via way of a Bondsman how would they get busted. Bondsmen are not LE.
Two different answers.
"Would they"? Most likely (through a bondman), especially if the busted gal is one of their best producers.
"Should they"? Like anything else, the provider made the ultimate choice of going to the client; no one is required ("should") to bail out their people.
IOW the agency is the one that sent her into "harms way", if she ends up getting busted it means that somehow the agency's screening methods fell short and they failed their employee. IMO the agency has a definite moral obligation to get their girl out of jail, not to mention the pratical side. Does an agency really want someone with intimate knowledge of their operation sitting in police custody for a single second longer than necessary.
BTW I have bailed out a couple of providers in my lifetime, and I never felt for a second that I was putting myself at legal risk.
The whole idea that anyone would ever be in jeopardy for bailing someone out is ludicrous. First of all, if bail has been set it's because they expect someone to post it. Second, how could the law make a presumption that the poster had thereby commited a crime. What crime? Finally, there's that little concept called "innocent until proven guilty." If the perp is still innocent, how can the person bailing her out be guilty of anything?
PS: I'm not a real lawyer, I just play one on TV.
One caveot to that is if LE really wants to crack down on prostution, one really easy way to find out who is running escort services in their area is to look into who is bailing out the busted prostitutes. Bailing out an escort certaining can't get you into trouble in-of-itself, but if you do it repeatedly, it may cause LE to start investigating you on suspicion of running a prostitution ring.
How do you think she got busted in the first place? The agency is the one who booked the appointment, they already know which agency she works for. cmon guys, use your heads on this one.
LE doesn't go around randomly kicking in doors, the overwhelming number of busts of agency girls comes from unknowingly scheduling appointments with undercover cops by the agency.
Just because LE knows the name of the agency that she's working for doesn't mean that they know the name of the person(s) running the agency. After all, any agency worth their salt avoids using their real names over the phone, uses prepaid cell phones to conduct their business, and doesn't put their address in the yellow pages.
Most legitimate agencies also have their employees fill out & sign a contract, which states that they are being hired to provide entertainment, that prostitution is illegal & if said lady is arrested for prostitution or engages in prostitution, said agency is not responsible in any way for said ladies actions.....
This thread on the Legal Corner discusses this very thing. It linked to the case I linked to below.
http://www.theeroticreview.com/discussion_boards/viewmsg.asp?MessageID=14456&boardID=25&page=
It is plain such disclaimers are meaningless, and the agencies best bet is to get the lady away from LE before she says something stupid. A cop told me about 80% of people talk. So the odds are she will talk if left there to long.
http://www.theeroticreview.com/discussion_boards/viewmsg.asp?MessageID=14456&boardID=25&page=
It is plain such disclaimers are meaningless, and the agencies best bet is to get the lady away from LE before she says something stupid. A cop told me about 80% of people talk. So the odds are she will talk if left there to long.
I wasn't referring to the disclaimers that many ladies include in their ads, which are, in fact, meaningless & if something were to happen, can actually do more harm to your case than good. I was referring to the fact that real, legitimate agencies, when the girl is hired, has the girl sign a legally binding contract stating that she is being hired for entertainment purposes only(ie, bachelor parties, private dances, etc) and that said lady understands that prostitution is illegal, & if that lady "decides" to partake in said activity, that the service holds no responsibility for her actions.
I worked at a bath house before going independent, and in addition to the paper contract, every lady had to meet with the lawyer the bath house had employed & do a video contract as well, basically stating that you understood prostitution was illegal & if you were to be found doing such activities, you would be terminated immediately... basically just covering the owners a**.... and legally, in court, it would hold up.
But, I do see your point about people getting nervous or scared being left in jail too long, and the advantage the service might have in getting her out before she says something she shouldn't. And really, 80%?? That's sad, when all you have to do is STFU, and wait for your lawyer.
I will quote from the facts of the case that I linked to, to show that I was referring to those contracts signed by his escorts.
"Throughout the trial, defendant denied that he knew or had reasonable cause to believe prostitution would occur when he left the apartment. To support this assertion, he testified each of the escorts working for him had signed a contract forbidding prostitution. "
And again on why it failed on page three,
"Finally, if we adopted defendant's argument, it would have bizarre consequences. Defendant argues a jury, as a matter of law, could not conclude he knew or had reasonable cause to believe prostitution would occur because his advertisements contained a disclaimer and each escort signed a contract forbidding prostitution. In essence, defendant argues his self-serving statements and actions must be accepted by the jury, along with each inference he would like to be drawn.2 If this were the law, any defendant, by planning ahead, could avoid a conviction for any crime requiring proof of a certain state of mind. The burglar could buy an advertisement in the local paper declaring he "would never enter a home with the intent of committing a crime therein." The would-be murderer, with a little planning, could post on the internet that although he planned to hurt the victim, he had "absolutely no premeditated intent to kill.""
It is plain those contracts forbidding prostitution are useless as the disclaimers on the ads. If a lady or two flips the agency is likely screwed.
bail for any arrestee but the problem is, if the arrest is part of an on-going investigation, the person posting the bail has just put himself on LE's radar.
At the next opportunity for questioning, LE may well ask the lady what is her relationship with the person who posted bail.
The longer she sits in jail the better the odd that one of three things will happen:
1) LE will trick her into outing her pimp/agency. LE hold most of the cards in the interrogation. They can put all kinds of pressure on a person to get them to talk. They can lie, threaten, ignore and manipulate. Or they can act all friendly like they want to help. They are trained who to read people and how to get them to talk.
More times then not they can get a confession out of the person they are interrogating because people don't use their right to shut up, get a lawyer, and refuse warrantless searches. If they can get people to throw themselves under the bus, how much easier would it be to get them throw the pimp/agency that put them there under that same bus.
2) LE will offer a deal to get her to spill the beens and testify against her pimp/agency. This deal could be for a lesser sentence or even to have the charges dropped. Prostitution is a misdemeanor most places but pandering is a felony. Guess who LE rather bust.
3) She will feel abandoned or betrayed and decide to take her agency/pimp down with her.
Yes LE can ask about the person who made bail, but if the lady is not behind bars they will have less of an opportunity to do so. The lady's pimp/agency is already at risk, getting their employee away from LE is a good way to lessen that risk. Yes, posting bail can put someone on LE radar but not like if they can get the lady to talk will. That would likely end up with some arrest and perhaps some convictions.
The chances are 99% that's how they arrested the provider to begin with.
The provider is under no obligation to talk to LE about who bailed her out, and getting her out of jail, not to mention hiring competent counsel is the best way to make sure she is aware of that fact.
I can't really imagine an agency not bailing out one of their employess, now pimps are a different story. I don't pretend to understand the mindset of scumbags that abuse their girls like pimps do.
If I asked my employees to do something illegal then I would feel obligated to help with the legal costs like bail, lawyers, and fines. This goes double if I had part in putting them in harms way by my failure to screen properly.
Then you are very right on the practical side as well, she could made an offer that if she would talk and testify against her "pimp" for a lesser charge or to get them dropped altogether. Longer she sits there feeling abandoned the more likely she will talk.
a hooker has been bailed out of jail.
... with a primary focus on the US legal system!
I have no idea what "pimps" would do... but most professionally run agencies have at least one lawyer on retainer and a lump sum of money set asside in case any of the girls have legal problems. Most likely the agency owner has instructed the girls to SHUT THE HELL UP if they incur such problems and to use their "phone call" to dial the owner's private line. At that point, the agency owner would send the LAWYER with the appropriate funds to go pick up the girl!
Bailing someone out of jail does not carry a presumption of GUILT for the party supplying the funds! The police do not INTEROGATE the bail agent, lawyer, or private citizen etc. Prostitution is only a misdemeanor, and if charged alone, it only carries a relatively SMALL fine. It is obviously in the best interest of the agency to supply the girl with a lawyer AS SOON AS POSSIBLE and get her the heck out of the clink, lest she get scared and start YAPPING! Stupid agency owners who don't properly screen and then cut and run at the first sign of danger... well, they aren't around for very long.
Cindy*
*I'm not a lawyer, but I've bedded quite a few.
if I had ever worked for an agency and expected them to screen my clients for me and keep me safe but they got me in trouble they'd be afaid to get me out of jail they'd need a doctor who ever did the screening and got me in trouble.
This is what the agency takes their huge cut for, to protect their girls.
Teres no reason bailing someone else out of jail would cause you to be in truble. Most of the time you don't even have to be there to bail someone out. Go pay at the clerks office what ever the bail is and your part is done. (bailed out my rotten kids a couple of times, talking from experience) No one cares who bails them out they just want their $$$.
I don't know if she is obligated to bail her out but it would be the right thing to do.
This is all my take...
1) If she works for an agency, they should bail her out as it was not in her control.
2) Always have bail money set in your funds and a lawyer on retainer, why, it's just good business sense. I have never been arrested & IMO, who knows what you might do at any given time that may land you in jail...have to take a wizz & think nobody's watching, oops, cops are hanging out nearby and you have just broken the law.
And, yes,get out your brooms and sweep the Knicks under the carpet! Nightie night Knicks, see you next season!