In My Defense: Examples Of Defenses Used In Solicitation Cases

Although being charged with commercial sex solicitation can be scary and stressful, it doesn’t mean you’re trapped in a hopeless situation. An experienced prostitution attorney will know how to argue a legitimate defense on your behalf. You should always be honest with your attorney so they are in the best position to defend your rights. Knowing the facts of your case, they may use one of the following as a defense during your trial.

In some cases, prostitution attorneys will find it’s appropriate to use a “mistake” defense. For example, if the defendant did not intend to engage in a sexual act (e.g., if they simply made a date with an escort service without knowing sex acts were involved), they might not be found guilty under the law. This is an appropriate defense for someone who was arrested in an area known for prostitution or in a massage parlor. This defense could also be explained as a “wrong place, wrong time” situation.

If there is no recorded evidence to support the solicitation charge (i.e., recordings, video footage, or physical evidence), your attorney may use this to argue on your behalf. If there was merely a vague conversation that took place, rather than a concrete agreement that involved the exchange of money, prostitution attorneys may argue lack of evidence. Alternatively, your lawyer could argue that the offer of solicitation was merely a joke rather than a proposition. When the evidence can’t sufficiently convict you, the charges may be dismissed or you may be acquitted.

The bottom line is that if you have been charged with commercial sex solicitation, you need a qualified attorney to defend your rights and represent you in court. Jared Justice is here to help. For more information or to schedule a consultation, contact us right away.

What You Need To Know About Underage DUII Charges in Oregon

Calling a criminal defense attorney might not be something you would like to do, but it is often the right course of action. If you have been arrested or are facing criminal charges for a DUII in Oregon and you are under the age of 21, then it is almost always the right course of action. Because drunk driving is such a stigmatized criminal offense in our society, you will need to put your best foot forward in forming your defense. If you are found guilty of driving under the influence of alcohol, drugs, or intoxicants; your DUII conviction could affect you personally, financially, socially, and professionally.

For young people just starting their careers, this conviction can affect the course of their entire life. When 17% of all fatal car crashes involve an under 21-year-old intoxicated driver, but only 10% of licensed drivers are under 21, it is easy to see why so many judges, juries, and prosecutors take these crimes so seriously. Even if no one was injured in your case, and even if this is your first offense, the consequences can be severe.

What should you know and do if you are an underage driver facing DUII charges? While only your criminal defense attorney can provide specific legal advice about your situation, there are some important things to consider.

Call a criminal defense attorney.

This is the number one action to take following an arrest for drunk driving. Ideally, this should take place before talking to any police officers, but rarely does. Be aware, if you cannot afford a criminal defense attorney, you still have the right to representation.; public defenders often handle many cases at once, which is why most people choose to hire a private criminal defense lawyer whenever possible.

Your attorney will not only make sure that your constitutional rights are protected during every step of the legal process, but they will also advocate for you. For first offenders, it is sometimes possible to have charges dropped if the defendant agrees to certain conditions. A criminal defense attorney will be able to request alternatives to jail time such as the DUII diversion program.

Tell your attorney everything.

Criminal defense lawyers are there to help you. They are bound by law to maintain confidentiality and privilege. It is important to be completely honest with your attorney about your situation, so that they are better able to represent you. Honesty will help with anticipating the questions the prosecutor will raise at trial, and it will also help determine whether or not it is a good idea to go to trial or to negotiate a plea deal.

Listen.

Your lawyer has likely handled dozens of cases like this before. When you are given legal advice by your attorney, remember they are an expert. Advice and guidance are some of the most important things an attorney can give you involving your legal troubles.

While facing a DUII charge as an underage driver can be terrifying, remember that you really are innocent until proven guilty. To stay that way, call a criminal defense attorney as your first line of defense for DUII cases. With legal assistance, a DUII arrest does not have to change the course of your life.

DUII Charges and Diversion

Although the state of Oregon prohibits drivers from operating a vehicle while under the influence of alcohol, drugs, intoxicants, or any combination thereof; such incidents happen more than we’d like to believe. The decision to drive while intoxicated can have serious consequences on your own life and on the lives of others. Even if you have made this kind of mistake, you are still entitled to legal representation in all criminal matters and may not be forced to live with the consequences forever.

If you are charged with a DUII and are a first-time offender, you may be eligible for the DUII diversion program. In certain situations, an individual may be able to have the charges against them dismissed if he or she successfully completes the specific conditions outlined in the diversion program.

Essentially, this program allows a person charged with DUII to plead guilty or no contest in exchange for the chance to complete certain conditions. If these conditions are successfully completed, the charges get dismissed. This gives the charged individual an opportunity to show they are capable of change and rehabilitation while avoiding jail time and a conviction on their record.

Diversion programs generally include alcohol and drug abuse treatment, ignition interlock device installment, a victim impact panel, and more. The defendant must abstain from alcohol and follow through with all criteria. Otherwise, the court may terminate the diversion agreement and the individual will be sentenced.

If you have been charged with a crime, you’ll need qualified legal representation. Whether or not you are eligible for diversion, your lawyer can work with you to defend your rights and pursue the best course of action for your case. Contact Jared Justice today to schedule a consultation.

The “Do Not” Rules Of DUI’s: What NOT To Do If You’re Stopped By Police

Although the average drunk driver has operated a vehicle while intoxicated around 80 times before they’re ever arrested, they are likely to be caught eventually. Being arrested on the suspicion of a DUI can be extremely stressful, particularly if it’s your first time. It’s all too easy to say the wrong thing or behave in a way that can make a bad situation worse. But in order to understand what to do when facing a DUI charge, you also need to understand what not to do. To that end, here are a few important things to keep in mind if you are pulled over, arrested, and/or charged with a DUI.

DON’T: answer too many questions.

This can be tough for some individuals to balance, especially if they are intoxicated. But if you are pulled over or arrested for drunk driving, try to remain as silent as possible.  Roll your window down just far enough to hand the officer your required documents (license, registration, and proof of insurance). Keep these items together and be prepared to hand them to the officer as soon as he arrives at your window.

Also, never admit to drinking.

DON’T: try to fight a DUI on your own.

Knowing what to do when facing a DUI charge can be tricky when circumstances vary so much. But one thing that should remain constant is the need for a reputable lawyer. Even if you are guilty of this crime, a DUI attorney will be able to help mitigate any penalties that arise. A lot of people think they should simply plead guilty to make the whole thing easier, but your lawyer will likely disagree. First-time offenders can receive strict penalties for driving while intoxicated. It’s within your best interest to contact an experienced attorney right away if you have been charged with a DUI.

If you’ve been wondering what to do when facing a DUI charge, you certainly aren’t alone. But if you keep these important tips in mind you’ll have a much better chance fighting any charges that are brought against you.

Understanding Prostitution And Solicitation Laws in Oregon: Part 2

There were an estimated 40 million people worldwide working as prostitutes in 2016, and an estimated 80,000 American citizens are arrested each year for soliciting sex. This means that these types of crimes really aren’t as rare as one might believe. In the first part of our two-part series on prostitution and solicitation, we talked about how these kinds of sex crimes are defined, as well as the charges and punishments that can result from them. This second portion of our series is devoted to answering some of the most common questions pertaining to related charges and their consequences. Of course, if you have been charged with prostitution, solicitation, pandering, or any other related crime, you should contact a prostitution defense attorney immediately to make sure your rights are protected.

I thought prostitution was a victimless crime. Why is it treated so seriously?

First of all, prostitution and solicitation are illegal in every U.S. state (with few exceptions), and these charges can have serious consequences for your future. In addition, the idea that prostitution is a “victimless crime” is not correct. In many cases, pimps will target runaways (many of whom are underage) and force them into prostitution. Sex trafficking has also become more prevalent in recent years; in these cases, the individuals who work as prostitutes may be held against their will. There is no doubt that these people are victims. In many cases, this crime is not as victimless as people think.

Can I just pay a fine to take care of the issue?

If you are a first offender, it is possible that your sex crime defense attorney may be able to get your charges dismissed if you complete a class and pay a fine. Prostitution crimes can range from misdemeanors to felonies (see our previous post for the types of crimes and punishments in detail). That said, an experienced prostitution defense attorney is your best bet for protecting your rights and potentially negotiating a favorable outcome.

What happens if I’m arrested on a solicitation or promoting prostitution charge?

If you are arrested or cited for patronizing a prostitute, you will likely have to appear in court at a later date. Fail to do so, and a warrant will be issued for your arrest. In certain Oregon counties, you may be able to hire a prostitution defense attorney and have them appear on your behalf.

However, if you’re arrested for promoting or compelling prostitution, you’ll likely be booked into custody and brought before a judge shortly. Unlike solicitation, this crime is a felony. That means you’ll have to make a personal appearance. Usually, these crimes come with a high bail amount and can come with a mandatory minimum sentence. You’ll absolutely need to contact a prostitution defense attorney in these situations. They can guide you through the process and ensure your rights are protected every step of the way.

Will everyone know I’ve been arrested?

The crimes of promoting and soliciting prostitution are eligible for expungement under Oregon law. That means that your records could be sealed or cleared, depending on the circumstances. Compelling prostitution, however, is a crime that will stay on your criminal record.

That said, expungement won’t keep your name, picture, and arrest details off the internet. The reality is that most things that are on the internet cannot be completely removed, even if the charges are dismissed or your record is later sealed. Your prostitution defense attorney may advise you to look into reputation management instead. This technique involves publishing content about yourself to “push down” any results pertaining to your arrest and/or conviction in Google. While this positive content won’t erase those negative results, they can make them harder to find. Still, the best way to protect your reputation and your future is to not engage in these crimes (and to hire an experienced attorney if you do).

If you have been cited or arrested for crimes related to prostitution or solicitation, you’ll need legal guidance. Jared Justice is here to help. For more information or to schedule a consultation, contact our firm today.

Understanding Prostitution And Solicitation Laws in Oregon: Part 1

While it may sometimes be referred to as “the oldest profession,” prostitution and related sex crimes are illegal in almost all states. In Oregon, it’s unlawful to solicit, promote, or engage in prostitution. Because these crimes often come with substantial punishments—not to mention intense social and professional consequences—getting help from a prostitution defense attorney is essential. In this first post of our two-part series, we’ll define what constitutes these crimes, explain the different types of charges, and outline potential punishments. In part two, we’ll answer some of the most common questions pertaining to these types of crimes.

What is prostitution?

Prostitution is typically defined as any act that involves the exchange, trade, or barter of sexual acts with the expectation of economic gain. State laws may also apply to the men and women who allegedly provide these services as well as recipients and/or middlemen involved. Typically, the sex workers who render these services are charged more often than “the johns” involved. Department of Justice records from 2010 found that more than 43,000 women were arrested for prostitution-related offenses compared to approximately 19,000 men (which includes pimps, male sex workers, and johns).

What are some common prostitution-related crimes?

Any prostitution defense attorney will know that the most obvious crimes in this category are prostitution and commercial sex solicitation. These crimes would apply to those who offer to perform a sexual act in exchange for money. Even being charged with this crime can have serious consequences in terms of both legal punishment and social stigma. The main four crimes in this area of the law include:

Prostitution: A person commits the crime of prostitution if the person engages in, or offers or agrees to engage in, sexual conduct or sexual contact in return for a fee.

Commercial Sex Solicitation: A person commits the crime of commercial sexual solicitation if the person pays, or offers or agrees to pay, a fee to engage in sexual conduct or sexual contact.

Promoting Prostitution: A person commits the crime of promoting prostitution if, with intent to promote prostitution, the person knowingly: (a) Owns, controls, manages, supervises or otherwise maintains a place of prostitution or a prostitution enterprise; or (b) Induces or causes a person to engage in prostitution or to remain in a place of prostitution; or (c) Receives or agrees to receive money or other property, other than as a prostitute being compensated for personally rendered prostitution services, pursuant to an agreement or understanding that the money or other property is derived from a prostitution activity; or (d) Engages in any conduct that institutes, aids or facilitates an act or enterprise of prostitution.

Compelling Prostitution: A person commits the crime of compelling prostitution if the person knowingly: (a) Uses force or intimidation to compel another to engage in prostitution or attempted prostitution; (b) Induces or causes a person under 18 years of age to engage in prostitution; (c) Aids or facilitates the commission of prostitution or attempted prostitution by a person under 18 years of age; or (d) Induces or causes the spouse, child or stepchild of the person to engage in prostitution.

What are the punishments associated with these kinds of crimes?

The punishments for prostitution crimes vary greatly depending on the circumstances of the case. Common solicitation charges are treated as misdemeanors, but no matter the charges, working with a prostitution defense attorney will ensure your rights are protected and that you have an experienced professional on your side every step of the way.

Here are the ways some common sex crimes are classified in Oregon:

Prostitution and Solicitation are both Class A misdemeanors. They are punishable by up to 364 days in jail and up to $6,250 in fines.

Promoting prostitution is a Class C felony. If convicted, the defendant would face up to five years in prison and up to $125,000 in fines. They would also be required to register as a sex offender.

Compelling prostitution is a Class B felony (the most serious crime on the list). As such, it’s punishable by up to 10 years in prison and up to $250,000 in fines. Again, any such crimes involving individuals under 18 are treated more severely. Further, compelling prostitution has a mandatory minimum sentence of 70 months. Anyone who is convicted of compelling prostitution is required to register as a sex offender in Oregon.

Although this information may seem like a harsh dose of reality, it’s knowledge that you may need to better understand your own case. By hiring an Oregon prostitution defense attorney, you’ll be in a much better position. To learn more about these crimes, you’ll want to keep an eye out for our upcoming post on some of the more frequently asked questions about prostitution crimes and consequences in Oregon. And of course, if you require a reputable prostitution attorney in Portland, contact Jared Justice today.

How It Works: Understanding the Early Parts of the Sex Crime Investigation Process

If you or someone you care about has been charged with a sex crime, then you may be feeling frightened. You should be, many crimes in Oregon (especially sex crimes) carry mandatory minimum sentences. These crimes are taken extremely seriously by prosecutors, and a sex crime conviction can ruin a person’s life for years, even decades, to come.

That’s why it is so important to understand as much as you can about the sex crime investigation process. While sexual assault has been a topic of national conversation in recent months, it is only one type of sex crime. There are different types of sex crimes, each with varying severity.

In the most common scenario, once a sex crime is reported to the police, an investigation begins. This can be a long or short process depending on the amount of evidence, the cooperation of the victim, the suspect, and any potential witnesses. The length of time between when the incident happened and when the incident was reported is also a very important factor.

On many occasions we have met with clients and started our own investigation prior to charges being filed. This can be very tricky, but also extremely helpful.

Below are the first three large steps in the investigation process:

  1. The initial complaint: When law enforcement is contacted they generally look into (investigate) sex crimes more diligently than many other types of crimes. Many times a person accused of a sex crime will have no idea that a complaint was even made.
  1. Investigation: Law enforcement begins to interview witnesses and take statements. This is generally the time that an accused person would find out about the allegations. Other evidence (physical or otherwise) is usually gathered at this time as well. Most officers will try and get the suspect’s side of the story, which is a perfect time to exercise your right to remain silent.
  1. Once law enforcement believes enough evidence has been gathered, they will forward their report to the local district attorneys office for consideration of prosecution. If the prosecution decides to press charges, they will take the case through the legal process to obtain an arrest warrant.

While sex crime laws vary greatly from state to state, one thing does not: the accused is always innocent until proven guilty. Unfortunately, the court of public opinion is rarely so forgiving. That is why it is important for anyone accused of a sex crime, whether they are misdemeanors or felonies, to use all of the legal resources available to them. Criminal defense lawyers can ensure the alleged suspect’s rights are respected by the police, the media, and the court system.

Some sex crime investigations happen differently. The most common examples are prostitution and commercial sex solicitation. These investigations are largely initiated by police during sting operations. These are happening more and more frequently in the Portland and Wilsonville areas.

If you have been charged with commercial sex solicitation or any other types of crime, then do not hesitate to contact a criminal defense attorney for legal assistance.

Solicitation & Prostitution: Part 2

Solicitation of sex for money is a serious crime. If you get caught, a crime like this can have a serious financial impact on your life, cause problems at home or work, and can result in jail time.

This criminal defense firm has helped create this two part guide to help you better understand the laws surrounding solicitation and how a prostitution defense attorney can help you overcome these charges.

This second part will focus on ways your attorney can help you after you are initially charged. For what to do immediately after being caught, read the first post in this series.

Criminal Defense

There are many ways to fight a commercial sex solicitation charge. An attorney must first analyze the evidence against you, starting with the first interaction with police. This commonly starts with a phone call or text message to or from police (depending on who they are trying to bust).  After the initial contact, there may be issues of misunderstanding, issues with the initial encounter, or many other issues with the evidence.  No two cases are exactly the same, so it is important to be as specific as possible with your attorney.

But Wait, Aren’t Stings Illegal?

From a legal standpoint, there is a significant difference between entrapment and a sting. At its most basic, in order for a sting to be considered entrapment, you need to be able to show that you were pressured into an action in which you normally would not partake. Using this a defense is incredibly rare and unlikely.

In the case where you solicit an undercover agent, you are not considered the victim of entrapment. That is true whether or not the sting occurred in person or online. In fact, in a recent nationwide sting, two-fifths of the 1,000 arrests were the result of online ads. The reason this isn’t considered entrapment is that there was no coercion. Instead, they were caught engaging in prostitution of their own free will.

This concludes our two part examination of solicitation and other prostitution related charges. If you are facing a solicitation or prostitution charge, it is important that you seek help from an experienced prostitution defense attorney immediately.

Solicitation & Prostitution: Part 1

Commercial Sex Solicitation and other prostitution-related charges can carry a great deal of social stigma. They have the ability to ruin your marriage, your job, and your future. If you are charged with a prostitution-related sex crime, it is important that you seek out an attorney who is familiar with these types of criminal allegations.

In this two-part guide, we will explain the steps that you should take in order to assure your prostitution attorney has the best chance of success (part one), and explain some of the tools your lawyer can use to help ensure your future quality of life (part two).

Steps You Can Take After Being Arrested

Being arrested for solicitation can be overwhelming. Because of the embarrassment and pressure from the police, it is easy to make a mistake that could hurt your case. If you find yourself under arrest (or under investigation), here are some tips to help you avoid incriminating yourself any further.

  1. Do not agree to any searches

Being arrested for a crime does not necessarily mean that you will be convicted, or that you have to willingly provide incriminating evidence. This is why you should not consent to any search before speaking to a lawyer (especially a search of your cell phone).

  1. Do not make any statements

Again, it is important that you exercise your right to silence. Until you talk to a lawyer, it is hard to know what might be used against you. Additionally, any statement you make could limit the number of options for your defense. It might be tempting to claim it was your first time to attempt to garner sympathy, but don’t, making a statement like that will only hurt your case. Very few people get caught their first time committing a crime. For example, a person will likely drive drunk 80 times before their first arrest. A similar truth exists for those arrested for prostitution related offenses.

  1. CALL A PROSTITUTION ATTORNEY IMMEDIATELY

If you are charged with soliciting sex or prostitution, you should immediately get in contact with a prostitution attorney.

Hopefully, part one of two of this blog has helped you understand your rights and how to exercise them should you be arrested for prostitution or commercial sex solicitation. In the second part of this blog, we will examine ways a lawyer can help your defense.

 

3 Big Myths About Drunk Driving That Can Land You in Big Trouble

DUII is a serious issue that affects the lives of millions: accidents, jail time, even death occur on a regular basis as the result of drunk driving.

There are thousands of cases each day that go completely unnoticed; in fact, of the 300,000 drunk driving incidents that occur daily, only 4,000 are caught. On average, most people who engage in drunk driving do so 80 times before being arrested.

But why do so many people drive drunk? And why do they do it so often? One of the biggest problems is that, despite countless campaigns to educate the public on drunk driving, many myths and misconceptions persist amongst drivers.

In this guide, we will bust some of the more common myths:

  • MYTH: A Bite to Eat Will Sober You Up: Many people think that all they have to do to sober up is grab a bite to eat. While food does slow the absorption rate of alcohol, it does nothing about the alcohol already in your system. The only real way to sober up is with time, as the alcohol dissipates from your system.
  • MYTH: It is a Good Idea to Sleep If Off In Your Car: This one is tricky, even for DUII attorneys. That is because there is technically a charge for attempted DUII, but it is not often employed. In order to protect yourself, you should be aware that if you are planning to sleep in your car, you should avoid any indication of your intent to drive.
  • MYTH: You Can Avoid a DUII By Avoiding Liquor: While liquor is significantly more potent than beer or wine, you must keep in mind the volume of what is being served. One 12 oz beer, a normal glass of wine, and 1.25 ounces of liquor all have roughly the same amount of alcohol.

Driving is a privilege, and any who want to retain that privilege should do their best to stay informed about possible pitfalls and dangers. While driving drunk is surrounded by a number of misconceptions, hopefully, you will go forward with a little better understanding.

Jared Justice has built one of Oregon’s preeminent DUII Law Firms. If you or a loved one is in need of assistance, contact us today.