Miami Prostitution Attorney
The recent trend among prosecutors across the United States is to focus more on prostitution-related offenses. This shift in focus is not unique to Florida but is happening nationwide. Some prosecutors view prostitution as a form of human trafficking that exploits women and men, while others consider it a public nuisance that should be eliminated. Whatever the motivation, the fact remains that more people are being charged with prostitution-related offenses, and the penalties for these crimes are becoming increasingly severe.
Prostitution charges are usually handled under state law, but related conduct can also lead to federal charges. Federal sex-trafficking law covers commercial sex involving force, fraud, or coercion, as well as commercial sex involving minors. When the person involved is under 18, prosecutors do not need to prove force, fraud, or coercion.
If you or a loved one has been arrested or charged with a prostitution-related crime, it is critical to consult with an experienced Miami prostitution attorney as soon as possible to ensure your rights are protected. In Florida, the crime of prostitution is taken extremely seriously. You need the counsel of an experienced lawyer to guide you through the process and maximize your chances of resolving your case with a favorable outcome.
What is Prostitution?
Under Florida Statutes section 796.07, prostitution involves giving or receiving the body for sexual activity for hire. The statute excludes sexual activity between spouses. Police officers may also arrest individuals they believe are involved in prostitution, even though they are not prostituting themselves. If you solicit a prostitute, make any money from prostitution, lease out space for prostitution, recruit prostitutes, or force other individuals into prostitution, you might face serious prison time and other penalties. Prostitution and solicitation are among the sex-related charges our firm handles, and an accusation can affect your work and personal life.
Florida has specific laws that are targeted at various activities relating to prostitution, including the following:
- Soliciting a prostitute
- Forcing another person to engage in prostitution
- Leasing or renting a property for prostitution
- Operating or leasing a location used for prostitution
- Transporting a person for purposes of prostitution
- Earning income from prostitution
- Securing a minor for prostitution
- Buying and selling minors for prostitution
Penalties for Prostitution Crimes
Offering or engaging in prostitution under section 796.07(2)(e) is generally a second-degree misdemeanor for a first violation, a first-degree misdemeanor for a second, and a third-degree felony for a third or subsequent violation. The usual maximum jail or prison terms are 60 days, one year, and five years, respectively.
Solicitation under section 796.07(2)(f) carries different penalties: a first-degree misdemeanor for a first violation, a third-degree felony for a second, and a second-degree felony for a third or subsequent violation. A conviction also requires 100 hours of community service and attendance at an educational program if one exists in the circuit. A second or subsequent conviction carries at least 10 days of incarceration. A $5,000 civil penalty applies to any disposition other than acquittal or dismissal.
Other prostitution-related charges have separate rules. Deriving support from another person’s prostitution earnings under section 796.05 carries a second-degree felony for a first offense and a first-degree felony for later offenses, with a 10-year mandatory minimum for a third or subsequent offense. Cases involving minors may be prosecuted under human-trafficking or other child-protection laws.
Other Consequences of Prostitution Crimes
Some of the collateral consequences of being convicted of a prostitution-related crime include the following:
- Difficulty finding employment: A prostitution-related conviction can make it challenging to find employment, particularly in specific industries. Employers may be hesitant to hire someone with a criminal record, and a conviction for prostitution may be viewed as evidence of poor judgment or a lack of moral character.
- Housing discrimination: Some landlords may hesitate to rent to someone with a prostitution-related conviction. This can make it challenging to find affordable housing and can limit your choices for where to live.
- Loss of professional license: Depending on the nature of your profession, a prostitution-related conviction may result in the revocation of your professional license. This can prevent you from practicing in your chosen field, which can be devastating if you have invested significant time and money in your career.
- Immigration consequences: Non-U.S. citizens facing criminal charges should have the immigration effects of any proposed plea reviewed before accepting it.
- Damage to reputation: A prostitution-related conviction can damage your reputation, both in your personal and professional life. Even if the conviction is ultimately overturned or expunged, the stigma associated with the crime may linger.
- Loss of custody or visitation rights: A prostitution-related conviction can be used as evidence against you in child custody or visitation proceedings and may result in the loss of these rights.
A defense lawyer can explain how the charge may affect your record, work, and personal life, then assess the options for resolving the case.
Defending Prostitution Charges
Because proving an arrangement between two or more people to trade sexual services for money can be difficult, circumstantial evidence is often used in prostitution cases. Our Miami prostitution defense lawyers examine every aspect of your case to build a strong defense for you. We will strive to have your prostitution charges reduced or even dismissed altogether. We must get involved in your criminal case as soon as possible so we can formulate the best defense.
In an undercover case, we also examine whether police conduct supports an entrapment defense. That can include whether an officer or informant induced conduct the accused was not already predisposed to commit. An undercover operation alone does not establish entrapment.
Contact an Experienced Miami Prostitution Attorney
By taking the immediate action of hiring an experienced Miami prostitution attorney to defend yourself, you are minimizing the chances that your criminal case will have lasting consequences for your career, personal life, and reputation. Over the years, we have represented hundreds of clients in a wide range of cases. There is a good chance we have handled your type of case and represented clients with similar needs and concerns to yours. Browse our criminal defense case results for examples of cases we have handled and outcomes we have obtained.
CALL US NOW for a CONFIDENTIAL CONSULTATION at (305) 538-4545, or simply take a moment to fill out our confidential and secure intake form.* The additional details you provide will greatly assist us in responding to your inquiry.
*Due to the large number of people who contact us requesting our assistance, it is strongly suggested that you take the time to provide us with specific details regarding your case by filling out our confidential and secure intake form. The additional details you provide will greatly assist us in responding to your inquiry in a timely and appropriate manner.
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