Here are various fundamental defenses to shield the rights of the defendant in Virginia prostitution solicitation cases.
Prostitution police stings occur frequently in Virginia hotels. A prostitution conviction should be neglected for those who are not United States citizens, and those with security clearances.
Several times we receive Prostitution Solicitation cases amended for disorderly conduct, whereby active jail time, versus the suspended jail time, might often be avoided for defendants with security clearances in spite of the conviction.
Numerous prostitution solicitation accused are married lawfully. Lawyers who use mail services do not send direct mail to people charged with prostitution, in case the defendant’s other half see the mailing and then the case is online, leading to divergence at best.
The achievable protection for such stings include:
- ‘The prosecution cannot always set up which commercial
- The prosecution cannot always bind to the defendant the text messages supposedly being sent to the alleged prostitute in order to place a meeting
- Entrapment is often a high bar to reach, but connected to that is to spot out when the defendant is looking for time or a massage with the supposed escort/provider, when it only is the provider who discusses about particular sex acts and condoms.
- At times the purported hobbyist enters the hotel room and leaves expense on the table prior to any sexual acts are being discussed. When this happens, the dispute is all the stronger that the defendant was paying for time with the escort, and that any sexual activity that may be discussed was non-commercial, lawful action between two compliant adults.
- Dare whether the defendant had the intention to connect in any activity that is part of the prostitution explanation. Unluckily, the definition seems to embrace happy endings for those claiming to want a massage, and happy endings seem to fall under the description of sexual contact. The prosecutor must confirm each of the three fundamentals of prostitution solicitation beyond a logical doubt. Those elements are  offering “money or its equivalent to another  for the purpose of engaging in sexual acts as enumerated in subsection A and  thereafter [doing] any substantial act in furtherance thereof.” Va. Code § 18.2-346. Thus, prostitution solicitation does not provide massage nor does it include paying to watch a purported escort disrobe and display or touch his or her body.
- Occasionally the detaining police officer who interviews the defendant post-detention does not see or hear what is happening in the neighboring hotel room, therefore making that a detention without probable cause absent testimony of the cops who really observed or heard the activity with the alleged prostitute.’
Stuff the defendant may do in advance of the trial date to progress his or her chances through negotiations, at a dismissal or an amendment to disorderly conduct or trespassing include:
- ‘Get a negative HIV test;
- Carry out several documented voluntary community service hours;
- Hunt for a psychologist’s positive prognosis that the defendant is not likely to commit prostitution activity in the future.’