Quote:
Originally Posted by ShysterJon
Well, I don't know about the laws of "most or all states" since I haven't spent the time reading the penal codes of all 50 states as you infer you have, Trees. But from what you assert I think you are just bullshitting. I do know the laws regarding prostitution in Texas, since I have practiced criminal law here for more than 28 years, and I've handled hundreds of prostitution cases. The Texas law can't be accurately characterized as a "quid pro quo" law; rather, the law regards offer OR acceptance ONLY -- no agreement need be formed.
Well, while you were reading up on the prostitution laws of all 50 states, how many appellate opinions did you come across in which a conviction was reversed based on the "money for time only" defense? Please give me the cites. If you say you didn't find one, I think we can conclude that no such opinion exists. btw, you seem to have a misunderstanding about the cases reported in casebooks. They're APPELLATE OPINIONS, not opinions issued by trial courts.
I completely call bullshit on this. Give the cite.
Reasons unstated? HUH? Have you read any of my postings here and on ASPD for the past 15 years? Many times I've explained that jurors don't leave their common sense at the jury room door when they begin deliberations on a case. Juries tend to figure things out pretty quick. Here, you're talking about a FALSE, FABRICATED DEFENSE that belies common sense. A real-world courtroom isn't like one of the TV courtrooms where you received all your legal knowledge. I won't assert any nonsensical defense because the jury might thump my client because they were annoyed by my lack of respect for their intelligence. I also think you must be from Pluto in thinking that some idiot would purposefully allow themselves to be arrested just to test the "money for time only" defense unless, of course, YOU are the idiot. In that case, I wouldn't be surprised at all.
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To follow up on your valid points:
1) Felonies are tried to juries. Most prostitution cases are misdemeaonors tried to judges, who are elected. Care to be THE judge who buys "time not services" and then runs for re-election?
2) The issue is - avoid arrest. No "scheme" will avoid arrest. If you HAVE to go to trial, argue everything. Defense only has to WIN one. Just one. That said, its about $1,500 to see if all the paperwork is inorder or if you can get a good plea. TRIAL is what, 3K for a misdemenor? 7K+ for a felony? More for appeal?
So, no - any scheme won't stop you from being arrested. I know there are groups out there offering "take pictures" or "film me" and then what happens happens - I don't see the difference, other than a judge or more likley jury would buy that. At least from an organizational standpoint "I sent her there to take pictures!! I was shocked to find out what she did". Until they link the reviews.....
The BEST way to BEAT an arrest - is to SCREEN. Its a little bit of work - but much less than trying to get OUT of a charge.
