Jacksonville Attorneys Explain How to Beat Prostitution Charges
Getting charged with prostitution can be really scary. Like, just the thought of having that on your record is enough to make anyone freak out a little. But here’s the thing – having a good lawyer on your side can make all the difference. The attorneys at my firm in Jacksonville have a lot of experience defending folks accused of prostitution and related crimes. We know these charges can totally turn your life upside down, so we work hard to get our clients the best possible outcome.
In this article, I’ll walk through some of the most common ways we help our clients beat prostitution raps. I’m not gonna lie, it’s usually an uphill battle, but it’s not impossible to get charges reduced or even dismissed if you have the right legal strategy.
Challenging the Evidence
A lot of these cases boil down to the evidence – or lack thereof. If the cops don’t have solid proof you solicited sex for money, there may be ways for your attorney to get the charges dropped before it ever goes to trial.
Some common evidentiary issues that come up are:
Faulty Sting Operations
Sometimes the police will set up sting operations to try and catch johns and sex workers in the act. But if the cops get sloppy and don’t follow protocol, any evidence they collect may get thrown out. Your lawyer can argue entrapment or say the police misconduct was so bad it violated your rights.
No Actual Exchange of Money
In many cases, there’s no actual evidence that money was exchanged for sexual services. Maybe the cops have text messages or phone calls implying an agreement, but without proof of payment it can be hard to make a solid case for prostitution.
Questionable Police Reports
Believe it or not, cops make mistakes too. Their reports might contain errors about timelines, locations, or details of the alleged crime. Skilled attorneys know how to break down these reports and challenge inconsistencies.
Illegal Searches
If the police searched you, your car or your property without consent or probable cause, your lawyer can argue that any evidence collected should be inadmissible. Fruit of the poisonous tree and all that.
The point is, an aggressive defense attorney will dig into the evidence (and lack of evidence) and look for any plausible argument to get charges lowered or dropped.
Poking Holes in the Prosecution’s Case
Even cases with seemingly solid evidence are never cut-and-dry. An experienced criminal defense lawyer knows how to poke holes in the prosecution’s case by highlighting reasonable doubt.
Some potential weaknesses we look for are:
Unreliable Witnesses
Were anonymous tips or confidential informants involved? These sources can be unreliable. Unless the police have strong corroborating evidence, your attorney can work to undermine witness credibility.
Circumstantial Evidence
Sure, that text message sounds incriminating. But is it definitive proof of illegal activity? Not necessarily. Your lawyer’s job is to provide reasonable alternate explanations for the circumstantial evidence.
Limited Resources
Prosecutors have limited time and resources. A vigorous defense that demands lots of court appearances, arguments and investigation makes their job harder. By being a thorn in their side, your lawyer may convince them to drop or reduce charges rather than go to trial.
Technicalities
Even when the evidence seems strong, there may be technical problems with how the case was handled. Things like improper police procedure, missed deadlines, clerical errors or lack of probable cause could lead to dismissal when brought up by a sharp defense lawyer.
Again, the goal is introduce reasonable doubt wherever possible. With an aggressive defense strategy, it’s often possible to either get charges dropped or reduced to a lesser offense.
Negotiating with the Prosecution
Once your attorney has identified weaknesses in the prosecution’s case, they can leverage those issues during plea negotiations. The goal is to get the charges dismissed or reduced in exchange for a guilty plea to a lesser crime.
Some examples of how charges can potentially be reduced:
- Prostitution -> Disorderly Conduct
- Solicitation -> Loitering
- Pandering -> Trespassing
Your lawyer may also be able to negotiate punishments like:
- Dropped charges in exchange for community service
- Deferred prosecution programs resulting in eventual dismissal
- Reduced fines and minimal jail time
To get the best deal, your attorney will highlight problems with the prosecution’s case while also emphasizing mitigating factors about you, like:
- Minimal criminal history
- Steady employment
- Family commitments
- Willingness to enter counseling/rehab
- Health or addiction issues
By leveraging these factors, a skilled lawyer can often negotiate a favorable plea deal that minimizes penalties and avoids a prostitution conviction.
Fighting in Court
If attempts to get charges dropped or reduced fall through, the next option is taking the case to trial. Your lawyer will now put the prosecution to their burden of proving guilt beyond a reasonable doubt.
Some of the arguments a defense attorney might make in court include:
You Didn’t Have the Requisite Intent
For a prostitution conviction, the prosecution has to prove you intended to engage in sex for payment. But maybe there was a misunderstanding or you had no idea the other person involved was offering payment. Your lawyer can argue you simply lacked the necessary intent.
The Law is Unconstitutionally Vague
Prostitution laws have to be written clearly enough for people to understand what’s illegal. But sometimes the statutes are overly broad or vague. Your attorney can challenge the constitutionality of the law and question whether you were reasonably able to know your conduct was against the law.
Law Enforcement Entrapped You
As mentioned earlier, your lawyer may argue police engaged in entrapment – encouraging you to commit a crime you wouldn’t otherwise have committed. This can lead to acquittal.
There are Innocent Explanations
Your attorney will suggest reasonable alternate theories that imply innocence. Maybe you were simply hanging out with the wrong crowd when arrested. Or text messages referring to sex acts were just crude jokes, not actual solicitations. The point is to introduce plausible explanations that don’t involve criminal conduct.
If you decide to go to trial, make sure you have an experienced trial lawyer ready to aggressively question the prosecution’s version of events. Their job is to create doubt around the state’s case and present alternatives that point to innocence.
Sentencing Mitigation
If you do end up convicted, the goal then becomes mitigating penalties as much as possible. There are a few ways your lawyer can help here:
- Highlight Mitigating Factors – As with plea negotiations, emphasize positive aspects about you and your circumstances when advocating for leniency.
- Challenge Sentencing Enhancements – Prosecutors will sometimes try to bump up penalties with enhancements for things like repeat offenses or location near a school. Your lawyer can often fight these.
- Argue for Alternative Programs – Diversion programs, community service and rehab are all better alternatives than jail time. Your lawyer will push for these options.
- File Appeals – If the trial outcome seems unjust, appeals may lead to an acquittal or reduced sentence. Don’t hesitate to explore this option.
Even after a conviction, the efforts of a talented defense lawyer can still make a huge difference at sentencing. There are always options to pursue that can potentially minimize penalties.
Bottom Line
Facing prostitution charges is scary. The stigma surrounding these types of allegations can impact your reputation and future. But having an experienced criminal defense attorney can give you the best chance at beating the rap.
By aggressively challenging evidence, negotiating with prosecutors, and arguing in court, skilled Jacksonville lawyers can often get charges reduced or dismissed. And even if the case doesn’t go your way, an attorney can help mitigate penalties and advocate for alternatives to jail time.
So reach out for help if you’re dealing with this. With the law on your side, getting life back on track is totally doable. You got this!