Fight Prostitution Charges - Minnesota

Minnesota's prostitution laws are not clear and often change.  With that in mind ---  an experienced Minneosta Criminal Defense Lawyer can help you explore a legal defense.  Here are three common ways to fight these charges.

Prostitution Defenses

1. Due Process

One common challenge in this type of case is one that examines the government's procedural handling of the arrest.  Put another way --- the ends can’t simply justify the means, and due process needs to be followed every step of the way.  For example, a police officer can set up a sting operation, but once a crime has been committed, they need to identify themselves and complete the arrest. The officer cannot continue with the sexual encounter and then arrest the provider later, as that’s a constitutional violation of due process. Similarly, searches of suspected providers or entering a house or hotel room can only be done if police have obtained warrants and followed due process. If not, even if the provider was guilty of the crime, the case will be thrown out.

2. Entrapment

This is when a police officer entices a person into committing a crime that they otherwise would not engage in. Granted, this is not easy to prove in court --- because you need to show that the action would not of otherwise happened, and sometimes judges or juries look at the police officer and the defendant and make assumptions without hearing the facts of the case.  This is also a challenging road to go down because an undercover officer does not need to identify himself as a police officer, even if the service provider asks them if they are, which can make it easy for the prosecution to argue that the actions of the provider were planned, not coerced or forced. However, sometimes police officers abuse their power and use it as a threat against a woman, which is why entrapment should always be explored.

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There is also the opportunity to contest Probable Cause.  In particular,  a specific offer to engage in sexual contact (for hire) must be made, otherwise probable cause is not present. For example, if a provider gets in the car of an undercover agent and says “Let’s go somewhere quiet and have fun,” this would not constitute an explicit agreement or a violation of the prostitution statute. If probable cause does not exist, an officer cannot conduct a search or arrest.

 
If you or someone you know is facing charges and needs legal help, please contact the Rolloff Law Office for a FREE CONSULTATION: (612) 619-0262