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Virginia criminal lawyer defending in Fairfax, Arlington, Prince William, Loudoun & Beyond

Virginia Prostitution Lawyer / Fairfax Solicitation Attorney/ Bawdy Place

Virginia Criminal Lawyer Defending Sexual Freedom Between Consenting Adults
Pursuing the best defense for Misdemeanors, Felonies, Drugs, Marijuana & Assault, since 1991

Fairfax Northern Virginia criminal lawyer/DWI attorney pursuing best defense

Prostitution defense calls for a full court press. Law enforcement too often sinks scarce money and personnel resources into catching alleged prostitutes and their customers, rather than focusing on more important law enforcement priorities.

A prostitution or bawdy place arrest and conviction are not avoided merely by pointing out that the sky has far from fallen in Nevada, Europe nor anywhere else where such activity is legal and regulated.

A common formula of police prostitution stings is to lure a suspect to a hotel with an ad on such online sites as Backpage or Eros, have the would-be provider soon ask the client about his sex act preferences and whether he has a condom and then excuse herself to go the bathroom, followed by the police nabbing the customer sometimes after the customer has started removing his pants. The police then try to finish off the job by seeking a confession from the suspect. Silence remains golden when a police suspect.

In Virginia, a prostitution solicitation conviction is not available without the prosecution’s proving beyond a reasonable doubt that the defendant gave or offered money or its equivalent for penetrative sex (vaginal, oral or anal intercourse), and does a substantial act in furtherance thereof. Va. Code § 18.2-346.

The three elements of a Virginia prostitution offense are [1] offering “money or its equivalent to another [2] for the purpose of engaging in sexual acts as enumerated in subsection A and [3] thereafter [doing] any substantial act in furtherance thereof.” Va. Code § 18.2-346. If the prosecutor is unable to prove even one of those elements beyond a reasonable doubt, an acquittal is necessary.

For purposes of case negotiations and possible sentencing, I often advise my clients accused of such offenses to do the following in advance of the trial date: (1) obtain a clean HIV/AIDS blood test; (2) complete at least twenty-four hours of documented voluntary community service; and (3) seek a positive prognosis from a psychologist not to commit future offenses of the prostitution law. In addition, I might advise a client to consider making advance arrangements to attend the John school in Richmond, Virginia. An online option is here.

A conviction for prostitution or prostitution solicitation is a scarlet letter, and can threaten one’s security clearance, employment, and immigration status. Such charges need to be fought tooth and nail.

RELEVANT EXTERNAL LINKS:

Prostitution and solicitation:  Va. Code § 18.2-346

Keeping and frequenting a bawdy house:  Va. Code § 18.2-347

RELEVANT UNDERDOG BLOG ENTRIES: 

Preparing for and executing the prostitution defense battle

Winning a bawdy place and disorderly conduct trial

Winning a prostitution trial by invalidating the arrest