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estivano10 · 05-30-2011, 02:57 PM

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!

Guest101811-4 · 05-30-2011, 03:05 PM

Quote:

Originally Posted by estivano10

We had a short conversation on the phone, which was fairly explicit...

That was your first mistake. Everything you needed to know about her should've been found in her reviews....had you been able to read them.

Go buy a weeks' worth of Premium Access. It's $20 lousy bucks.

farmstud60 · 05-30-2011, 04:24 PM

Quote:

Originally Posted by estivano10

We had a short conversation on the phone, which was fairly explicit,

Actually I would call that your 1st, 2nd, and 3rd mistake. Even with just 1 or 2 reviews, you don't know how legit the situation may be. Even if it isn't LE, pimps etc could also be involved that could try and rob you.

david1978 · 05-30-2011, 05:16 PM

Give the guy a break, he is a newbie. Rather than giving him brief we should give him suggestions on what to do. There is no "should have done this or that" at this point.

Like your lawyers said, I would not worry too much. Escorting is probably all that chick knows how to do. I do not think she would risk her job.

D

ShysterJon · 05-30-2011, 05:27 PM

Quote:

Originally Posted by estivano10

... she ... 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.

Number one, you could not be held criminally liable for solicitation of prostitution because the Texas prostitution law requires that the solicitation must occur in person in a public place. Therefore, talking on the phone can't constitute "solicitation."

Number two, a person doesn't "file [criminal] charges" against another person, at least in Texas. A person who believes a criminal offense has occurred can go to the local police department and make a complaint. The officer assigned to investigate the complaint decides whether probable cause exists that a crime has been committed and, if he or she determines the evidence so shows, he or she sends the investigative report to the district attorney. The assistant district attorney looks at the evidence and determines whether probable cause exists that a crime occurred and, if the ADA so decides, the ADA signs a charging instrument called an information for a misdemeanor or presents the evidence to a grand jury for a felony.

I'm aware that TV shows and movies depict people "filing charges" against others, but I hope everyone reading this understands that entertainment programming about cops and lawyers is not real. Fiction certainly shouldn't be the basis for engaging in conduct affecting your freedom, treasure, and reputation.

Finally, regarding the provider possibly incriminating herself by making a complaint, there's a little-known provision in the Texas prostitution law that grants a limited immunity from liability to a party to prostitution when the party is compelled to give evidence or testify:

Quote:

Texas Penal Code Sec. 43.06. ACCOMPLICE WITNESS; TESTIMONY AND IMMUNITY.

(a) A party to an offense under this subchapter may be required to furnish evidence or testify about the offense.
(b) A party to an offense under this subchapter may not be prosecuted for any offense about which he is required to furnish evidence or testify, and the evidence and testimony may not be used against the party in any adjudicatory proceeding except a prosecution for aggravated perjury.
(c) For purposes of this section, "adjudicatory proceeding" means a proceeding before a court or any other agency of government in which the legal rights, powers, duties, or privileges of specified parties are determined.
(d) A conviction under this subchapter may be had upon the uncorroborated testimony of a party to the offense.

Texas Penal Code § 43.06

texasjohn1965 · 05-30-2011, 05:43 PM

The real question is...... who was it. My money is on MF. Clearly fits the description.

ShysterJon · 05-30-2011, 05:50 PM

Quote:

Originally Posted by texasjohn1965

The real question is...... who was it. My money is on MF. Clearly fits the description.

MF?

chicagoboy · 05-30-2011, 07:31 PM

Quote:

Originally Posted by texasjohn1965

The real question is...... who was it. My money is on MF. Clearly fits the description.

estivano10, when you were speaking to her, did you by any chance hear cats in the background?

Wayward · 05-30-2011, 08:00 PM

Quote:

Originally Posted by texasjohn1965

The real question is...... who was it. My money is on MF. Clearly fits the description.

That's exactly what we were thinking, it's not like that hasn't happened before...

dearhunter · 05-31-2011, 09:09 AM

Don't sweat it, dude....the hooktard in question is known for this shit....now, if you had recorded her rant....that would be SHMB gold you could replay on rainy days.

TexasGator · 05-31-2011, 10:17 AM

Quote:

Originally Posted by dearhunter

Don't sweat it, dude....the hooktard in question is known for this shit....now, if you had recorded her rant....that would be SHMB gold you could replay on rainy days.

Someone around these parts DID record her once and it was hilarious.

OP, take solace in knowing you are now in the company of many of the legendary characters here (dh included) on the National Black List. Looks great on your resume, I hear.

notanewbie · 05-31-2011, 11:34 AM

texasjohn1965 · 05-31-2011, 11:39 AM

Quote:

Originally Posted by notanewbie

The national blacklist, so easy, a caveman could do it.

Hobbyfun · 05-31-2011, 01:18 PM

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.

ShysterJon · 05-31-2011, 01:48 PM

Quote:

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.

No, that's incorrect. In Texas, only one party to a conversation need consent to its recording:

Quote:

Texas Penal Code Sec. 16.02. UNLAWFUL INTERCEPTION, USE, OR DISCLOSURE OF WIRE, ORAL, OR ELECTRONIC COMMUNICATIONS.
* * *
(c) It is an affirmative defense to prosecution under Subsection (b) that:
* * *
(4) a person not acting under color of law intercepts a wire, oral, or electronic communication, if: (A) the person is a party to the communication; or (B) one of the parties to the communication has given prior consent to the interception, unless the communication is intercepted for the purpose of committing an unlawful act;

See Texas Penal Code § 16.02.