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A Question of Legality Post your legal questions here (general, nothing of a personal nature)

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Old 12-26-2013, 03:22 PM   #31
Guest103014
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Quote:
Originally Posted by ShysterJon View Post
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.
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.
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Old 12-26-2013, 03:43 PM   #32
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Last comment - I don't think Texas has the highest incarceration RATE. Maybe in gross rate, but not in percentages.

That would be Louisiana. And St. Tammany being the WORST. In the civilized WORLD. More time per crime in St. Tammany than anywhere else on the face of the earth.

Really - don't hobby in St. Tammany Parish, Louisiana. New Orleans is just TOO close.
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Old 12-27-2013, 04:00 PM   #33
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Originally Posted by gregster View Post
1) Felonies are tried to juries. Most prostitution cases are misdemeaonors tried to judges, who are elected.
This is what happens when non-lawyers talk about the law. Misdemeanors almost always tried to a jury. I can't think of a single misdemeanor I'd take to a judge for guilt/innocence.
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Old 12-27-2013, 08:11 PM   #34
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Quote:
Originally Posted by 1980saguy View Post
This is what happens when non-lawyers talk about the law. Misdemeanors almost always tried to a jury. I can't think of a single misdemeanor I'd take to a judge for guilt/innocence.
I don't know if he's a non-lawyer or just doesn't spend much time in criminal court, but yes, many many misdemeanors are tried by jury. Most DWI (1st or 2nd offense) cases that go to trial, do so in front of a jury. At least in Texas,in Harris County especially.
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Old 12-27-2013, 08:16 PM   #35
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Quote:
Originally Posted by gregster View Post

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.
No, the best way to "beat" an arrest is to not break the law. If you can't avoid breaking it literally, then at least don't break it technically. Meaning, don't discuss money and sex together.
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