Tuesday, May 28, 2013

Ramsey County & St. Paul Prostitution Arrests (Explained)

Prostitution arrests are one things ... earning a conviction is something entirely different.  Believe it or not - an experienced Minnesota Criminal Defense Attorney can help you defend yourself yourself against such an allegation.   

Prostitution Arrest Defenses 

These are the number one options for defending a Prostitution charge in the State of Minnesota:

1. Entrapment

This defense occurs when a government official (such as a police officer) entices a person to commit a crime that they otherwise would not commit. Proving entrapment is often difficult in these cases because offenders actively seek out prostitutes without knowing that they are undercover police officers. Thus, it is somewhat easy for the prosecution to argue the offender’s act of prostitution was premeditated, not forced.

2. Due Process 

This defense is a viable option when, during the course of a prostitution arrest, a government official displays outrageous conduct such as to make the continuation of the case unconstitutional. As an example, if a police officer involved in a prostitution sting is caught engaging in sexual contact during said sting, the due process of law is violated. A judge will be left to determine whether the state acted in conduct that violated the due process rights of the accused.

3. Lack of Probable Cause 

This defense may be used when a prostitution patron is arrested prior to an agreement to engage in prostitution. An officer must have probable cause to arrest someone for ANY offense   This means: there mus be an explicit offer to engage in sexual contact for hire must be reached and documented. If the government cannot prove that such an agreement occurred, the accused can use this defense. It will be left up to a judge to determine whether theprosecution has a reasonable belief based on all facts and circumstances that the defendant has committed the act of prostitution. This also requires in-court testimony by the defendant.

Prostitution is an all too often  embarrassing charge that most offenders wish to keep under wraps. The government knows this and will use it to their advantage when negotiating a plea. Thus, it is essential to have an experienced Minnesota Criminal Defense Lawyer to help you through the complex legal proceedings.

The best possible defense against a prostitution charge is to not engage in prostitution. If you or someone you know is needs legal help - call the Rolloff Law Office to set up a free consultation: (612) 234-1165.  

No comments:

Post a Comment