Colorado Springs Prostitution & Solicitation Defense Attorneys
Charges related to prostitution can carry severe consequences and should not be taken lightly. Given this, it’s best to seek out the representation of a Colorado Springs defense attorney. It’s important to choose an attorney who has experience in defending against these types of charges; not all lawyers have the same amount of expertise in differing fields.
Solicitation charges are not uncommon in Colorado, because the police are enthusiastic about staging stings throughout the state. In many of these stings, they are able to make audio or even video recordings of the accused. Those officers that work undercover during these stings are incredibly persuasive and can even seem to bully a prospective John into a chargeable offense. Our prostitution & solicitation defense lawyers are here to help you with your case, offering free case consultations.
Penalties for Prostitution Charges in Colorado
Colorado specifically outlaws prostitution. As a class 3 misdemeanor, prostitution charges can carry a sentence of up to six months in county jail. However, there are other circumstances which can lead to more serious charges, such as if the accused knowingly had HIV during the event. If this is found to be the case, after court-mandated HIV testing, the accused can be charged with a class 5 felony. Anyone charged with any act of prostitution and convicted is tested for HIV by law.
Solicitation of Prostitution Charges
In the state of Colorado, soliciting for prostitution is illegal. In the context of prostitution law, “soliciting” entails arranging or offering to arrange a meeting between people for the purpose of trading sex acts for money. It also includes directing someone else towards such activities.
Soliciting for prostitution is a petty offense that can result in up to 10 days of jail time and/or fines of up to $300. In some cases, the judge may impose an extra fine of up to $5,000.
This is different than the law against patronizing prostitution. Patronizing prostitution differs from soliciting as it involves engaging in the act itself rather than planning it out beforehand.
Legal Defenses to Solicitation
If you’ve been accused of solicitation of prostitution in Colorado, it is important to hire a criminal defense lawyer right away. The following are some of the possible defense strategies available for those who are facing solicitation of prostitution charges in Colorado.
Lack of Probable Cause for Arrest
A criminal defense lawyer may be able to argue that the police lacked probable cause to arrest the defendant. This means that there was not enough evidence at the time for an officer to believe that a crime had been committed. If there was no probable cause for the arrest, this also means that any evidence recovered after the arrest should be inadmissible in court because of the exclusionary rule.
Entrapment by Law Enforcement
Entrapment is a legal concept that applies in criminal cases where law enforcement officers induce you to commit a crime that you would not have otherwise committed. Your must show that you were induced by the officer(s) and not predisposed to commit the offense.
It can be difficult to prove entrapment; however, there are certain pieces of evidence you can use to demonstrate that it occurred. One way is to look at any texts or emails sent between you and the undercover officer before any agreement was made regarding money for sexual acts.
If there are multiple messages back-and-forth over time from the officer relentlessly trying to convince you, then this could potentially be used as evidence for entrapment.
A solicitation of prostitution defense lawyer can also help determine whether other forms of evidence can be used to substantiate your entrapment defense, such as audio recordings from phone calls or conversations.
What To Do If You’re Arrested for Solicitation of Prostitution
Being arrested for solicitation of prostitution can be a confusing and frightening experience. It is important to remember that you have rights, and you should know what steps to take to protect those rights. Here’s what you should do after you’ve been arrested:
Cooperate with Law Enforcement
The first thing to remember is that it is important to remain calm and cooperative when interacting with law enforcement officers. Respectfully provide the officer with your name and address, and do not resist the arrest.
Don’t Answer Any Questions
While it may seem like a good idea to explain yourself or your situation in an effort to prove your innocence, it is best not to answer any questions posed by law enforcement officers or investigators without speaking with a criminal defense lawyer first. Anything you say could be used against you in court, so wait for your lawyer.
Ask For A Lawyer Immediately
Once you are arrested, ask for a lawyer immediately. Police must cease questioning you once they are made aware that you wish to exercise your right to counsel. A solicitation of prostitution defense attorney can help protect your constitutional rights during the criminal process and ensure that law enforcement has followed protocol in your case.
Situations Which Can Affect Sentencing
In addition to medical status affecting the severity of the charges levied against the accused, there are several other factors which can lead to more substantial charges. For example, if the person being charged is supposed to have coerced another person into committing prostitution, they can be charged with pandering, which is a class 5 felony. Coercion can describe menacing or intimidating another into performing an act they would not otherwise perform.
It is a class 1 petty offense to engage the services of a prostitute for the first time or second time. Subsequent offenses, however, result in the charge being raised to a class 1 misdemeanor. These offenses need not have occurred within the state of Colorado. For example, one could have two convictions in Texas, and the first offense in Colorado (and their third cumulative offense) could be charged as a class 1 misdemeanor.
Just as those engaging in solicitation are required to be tested for HIV, so are those who are convicted of engaging the services of a prostitute. If it’s found that the accused was aware of their positive HIV status at the time of engagement, they can be charged with a class 6 felony.
The laws used to charge the accused could be state laws or municipal laws. Generally speaking, the charges are filed using municipal city codes rather than under state law. An initial defense has relatively fewer consequences, but repeat offenders can find themselves facing more severe sentences. In some circumstances, they may even find themselves on the sex offender registry list.
Using your vehicle in the commission of an act of prostitution may result in your vehicle being seized by law enforcement. If this occurs, the municipality will file a civil action with the county court. In order to retrieve your vehicle, you’ll need to negotiate with the City Attorney. Recovering your vehicle will depend on stipulations like not using the vehicle for any illegal activity for two years, as well as paying for towing charges and storage fees.
Pimping is another very serious charge connected to prostitution; it is a class 3 felony. If an individual is supported in any way by money collected by another person through prostitution, they can be charged with pimping.
Contact Our Colorado Springs Prostitution Defense Attorneys
All of the specific crimes that surround prostitution are serious, and someone being charged with sex crimes, date rape, or felony rape should understand just how severe the consequences can be. These are life-changing charges. Even without a conviction, they can have devastating effects on a person’s life. The most important thing someone charged with one of these offenses can do is to engage the services of an experienced Colorado Springs prostitution defense attorney.
At Anaya & Chadderdon, P.C., we have the experience, the expertise, and the dedication to provide you with the defense you deserve.