Newbie with legal question...

[dearhunter]

Originally Posted by Hobbyfun

I believe in Texas you CAN NOT record a phone conversation without BOTH parties consent unless you have a court order, if one person records without the consent are knowale of the other person the person recording has broking the law and any and all recording can not and will not be used.

Too funny

[texasjohn1965]

Did the OP go completely UTR?

[estivano10]

Thank you all for the feedback! At this point, I'm really not too worried about the issue.

I wonder, however, what LE would do if she brought the complaint to them. Would they actually spend resources and investigate it? Or just ignore it?

[ShysterJon]

Originally Posted by estivano10

I wonder, however, what LE would do if she brought the complaint to them. Would they actually spend resources and investigate it? Or just ignore it?

I think answering your question would constitute mere speculation.

[acp5762]

Originally Posted by estivano10

On last Monday, I called an escort. We had a short conversation on the phone, which was fairly explicit, but I ended up deciding against seeing her. After telling her I wouldn't go over to her, she went a bit psycho, told me she had taped the whole conversation, and that she would go to the police the next day to file charges for solicitation against me. As a newbie, this freaked me out a bit, so I cOntacted a few lawyers to ask what they thought about this. They all said that I likely shouldn't worry about it since the escort would be incriminating herself by going to the cops.

It's been a week, and nothing's happened yet as far as I know, but I wanted to get some feedback from this site and see what folks think about this. Would an escort risk herself by going to the cops to get back at someone for wasting her time? And if she did, would the cops take it seriously since the most they could get is a doubtful solicitation by phone charge?

FYi, I'm 99% sure the escort is not LE since she has a few reviews and has been active in boards like this one.

Let me know when you can. Thanks!

Ok, lets just say she goes to the cops. Who will she be talking to and what will she tell them. My guess the Cop in question would more than likely be a uniformed patrol officer who reall isn't that interested nor able to do much about her complaint. What will she tell him. "Some guy called me and solicitated me sex for money" What kind of questions is the cop gonna ask her. So worst case scenario the cops call ya. First thing, they can't charge you with soliciting for prostitution cause it was a phone call you never made contact with her. In this scenario you could make up a grand story. I would probably tell them something like "I did call, I misdialed the number" and she answered and she for some reason wanted me to come and see her. "I told her no", "I don't know you." "I accidently dialed your number". Then you say you hung up. When the cop asks who you were trying to call, "Say some girl I met at a Bar she gave me her number I lost it somehow but thought I had it memorized. Your explanation is possible it certainly could happen. Let them play with your story, any way they want.

[ck1942]

imho, if the OP in this instance gets a phone call from LE, or someone who says he/she is LE, the first thing he does is say, "I'll have my attorney get back to you."

The second thing he does is GET A CRIMINAL ATTORNEY!

[ShysterJon]

ck1942 +1.

[Shackleton]

Would it be wise to just ignore the cops in a situation like this? For example, I usually don't pick up if I do not recognize the number. If a cop leaves a message on my hobby phone saying he wants to talk to me and I need to call him back, would it be wise to simply never call him back and never answer/block any calls from his number? Or, if you did happen to pick up, would it be wise to say you cannot talk now and just hang up, and then never call back and block his number? I wouldn't be surprised if the FBI could trace my hobby phone to me, but am not so sure local PD could or would, especially for a very questionable solicitation case. I agree not to talk to the police and not to make up a fake story, but it seems unnecessary to hire an attorney to talk to the cops on my behalf for such a small matter that I don't think they would pursue. But, this is not my area of expertise and maybe there are downsides to my plan that I'm not thinking about, so that's why I'm asking.

Also, is the answer to the question different if the cops do know your real identity for some reason (e.g., used your real phone or told the escort your real name)? I don't think they'd trouble to see you in person to ask you questions on such a questionable misdemeanor matter. And, if they did, you could always tell them you'll talk to them after you've consulted your attorney and then hire a criminal defense attorney.

[ShysterJon]

Shackleton, I think you're getting bogged down in the content of a voicemail message. We're not talking about a message where the cop just says "call me." We're talking about a message in which the cop says he's got a complaint from Delores Clitoris the provider that I committed prostitution and wants to talk to me to "get my side of the story," which is what cops tend to say. In that event, I'd hire a lawyer to call the cop and find out what's up. I certainly wouldn't ignore the message. The cop may have already determined my real identity, and my lawyer may assist me in making the complaint go nowhere. I will not bore anybody with war stories, but that happens in my practice all the time. Nor will I tell stories about clients sitting in Sterrett telling me, "I don't know how the cops figured out it was me."

[Shackleton]

Originally Posted by ShysterJon

Nor will I tell stories about clients sitting in Sterrett telling me, "I don't know how the cops figured out it was me."

Haha, I bet those are some good ones!

Thanks for response to my inquiry.

[acp5762]

Originally Posted by ShysterJon

Shackleton, I think you're getting bogged down in the content of a voicemail message. We're not talking about a message where the cop just says "call me." We're talking about a message in which the cop says he's got a complaint from Delores Clitoris the provider that I committed prostitution and wants to talk to me to "get my side of the story," which is what cops tend to say. In that event, I'd hire a lawyer to call the cop and find out what's up. I certainly wouldn't ignore the message. The cop may have already determined my real identity, and my lawyer may assist me in making the complaint go nowhere. I will not bore anybody with war stories, but that happens in my practice all the time. Nor will I tell stories about clients sitting in Sterrett telling me, "I don't know how the cops figured out it was me."

Well if you hire a lawyer to call the cop, you're placing yourself in the catagory of interest. First of all why is the cop calling you in the first place. Is it because the escort was arrested for prostitution and the cops are calling everyone on her cell phone or did they find her slain in a hotel room and they are contacting those on her cell phone as possible suspects in a murder investigation. I wouldn't offer much information to anyone who calls me and offers me little information to what they are calling for. Now I might contact a Lawyer for some sound advice in the event you are pursued further, but I wouldn't stick a lawyer on the case without knowing more details.

[ck1942]

The problem with I wouldn't stick a lawyer on the case without knowing more details. is that the called party (i.e. potential suspect!) shouldn't be calling back anyone who claims to be LE.Anything you say on the phone to a cop (assuming he can prove it was you who said it) may be used against you in a court of law.If you have a "good friend" who is willing to take some risk in making the call for you, fine. But the cops may not talk to anyone who is just a "friend." An attorney is a very legal representative. Otherwise, be prepared to cough up a few hunnert bucks to have an attorney make the call.It is a hell of a lot cheaper to invest a little upfront to avoid sticky situations than it is to get stuck -- with a possible criminal charge and concurrently a very large legal bill.

[acp5762]

Originally Posted by ck1942

The problem with I wouldn't stick a lawyer on the case without knowing more details. is that the called party (i.e. potential suspect!) shouldn't be calling back anyone who claims to be LE.Anything you say on the phone to a cop (assuming he can prove it was you who said it) may be used against you in a court of law.If you have a "good friend" who is willing to take some risk in making the call for you, fine. But the cops may not talk to anyone who is just a "friend." An attorney is a very legal representative. Otherwise, be prepared to cough up a few hunnert bucks to have an attorney make the call.It is a hell of a lot cheaper to invest a little upfront to avoid sticky situations than it is to get stuck -- with a possible criminal charge and concurrently a very large legal bill.

what I think is most interesting is that you would resort to even asking a friend to call the cops to take some risk. My advice from the start is the best to take. Don't give the cops any information, don't have anyone call them on your behalf friend or lawyer. The only thing you stated that I might agree in doing is to contact a lawyer and confide in him about the call you recieved. I wouldn't ask him to call the cop and talk and besides a lawyer that really knows what he's doing and understands how the police operate wouldn't agree to making a call anyway. Let the cops figure this shit out without you're help or anyone elses.

[ShysterJon]

Originally Posted by acp5762

Well if you hire a lawyer to call the cop, you're placing yourself in the catagory of interest.

I disagree. Take a case I recently handled. My client got a voicemail message on his hobby phone, something like, "This is Officer Jones with the Dallas Police Department. I'd like to talk to you about a prostitution case we're investigating involving Sally Smith, who I think you know as Big Boobs Betty. Please call me back at xxx-xxx-xxxx."

I called Officer Jones and said my client received a message on his cell phone and I asked why the officer called. The cop asked me my client's name. I said, "Don't you know his name?" No response. Then I said I must have made a mistake and I ended the conversation.

So how in the world did I "place my client in a category of interest" (whatever the hell that means) ?

Other times I've called a cop and the cop DID know my client's name. Cops are usually open revealing why they're trying to reach somebody. Usually, my call ends the matter. Cops know it's harder to make a case against a suspect after they lawyer up. Other times I've been able to supply useful information to the officer to help my client. (This week, I got a client no-billed on a rape charge by providing text messages to the investigating officer proving the sex was consensual.)

I realize that, just like pussy, lawyers cost money. Some hobbyists are very risk-averse and will pay a lawyer at the point a potential problem arises in an abundance of caution. Other guys take a devil-may-care, balls-to-the-wind approach and think they're so smart they'll always beat the rap. Those are the guys that hire me after they fuck up, and of course they have to pay me more money to fix the mess they got themselves in. Paying a lawyer early on can be like preventive medicine that can preclude bigger problems and more expense down the road.

[acp5762]

Originally Posted by ShysterJon

I disagree. Take a case I recently handled. My client got a voicemail message on his hobby phone, something like, "This is Officer Jones with the Dallas Police Department. I'd like to talk to you about a prostitution case we're investigating involving Sally Smith, who I think you know as Big Boobs Betty. Please call me back at xxx-xxx-xxxx."

I called Officer Jones and said my client received a message on his cell phone and I asked why the officer called. The cop asked me my client's name. I said, "Don't you know his name?" No response. Then I said I must have made a mistake and I ended the conversation.

So how in the world did I "place my client in a category of interest" (whatever the hell that means) ?

Other times I've called a cop and the cop DID know my client's name. Cops are usually open revealing why they're trying to reach somebody. Usually, my call ends the matter. Cops know it's harder to make a case against a suspect after they lawyer up. Other times I've been able to supply useful information to the officer to help my client. (This week, I got a client no-billed on a rape charge by providing text messages to the investigating officer proving the sex was consensual.)

I realize that, just like pussy, lawyers cost money. Some hobbyists are very risk-averse and will pay a lawyer at the point a potential problem arises in an abundance of caution. Other guys take a devil-may-care, balls-to-the-wind approach and think they're so smart they'll always beat the rap. Those are the guys that hire me after they fuck up, and of course they have to pay me more money to fix the mess they got themselves in. Paying a lawyer early on can be like preventive medicine that can preclude bigger problems and more expense down the road.

It doesn't surprise me at all that you don't agree with me. But think how Escorts and their "Johns' are arrested. If an escort is arrested for prostitution by means of a police sting operation wherby a undercover cop posses as a client and then makes an arrest. How are the " Johns" arrested? The police check her cell phone and attempt to contact those associated with the numbers on her cell phone to see if they can form a case against them. Sounds likely by many, but I have never heard of an arrest being made in that manner, due to probable cause to arrest can't easily be established. But to get a call from the police associated with a prostitution investigation would be scary for many. Your client called you because he was unsure what to do, he was scared and he was indeed guilty for seeing a prostitute and his number was on her phone. So he calls you and pays you to set the police straight. Great job man. The Police know it, You know it and I know it. The police can't arrest your client. But they can fuck with ya and thats what they did to your client. So you made a quick buck for a five minute phone call, the police had some fun knowing they made some guy shit on himself and they bagged a prostitute. Now as far my comment on being a " Person of Interest" If you practice criminal Law you know what that means. You asked how you could've sparked that idea just by calling the police. First of all your client or you knew what they wanted. Your client and you both assumed it was in refference to a prostitution investigation and you were correct but what if it was a murder investigation. But just a thought, sometimes when lawyers call the police long before the police have a chance to talk to a suspect that could have a reverse affect, because the police anticipate you and your client have spoken in detail. They may keep your client in mind.