I Was Arrested for Prostitution in DC, but I Think I Was Entrapped. What Can I Do?

According to DC law, (Inviting for the Purposes of) Prostitution is to unlawfully invite, entice, persuade, or address for the purpose of inviting, enticing or persuading—individual X; likely an undercover officer—for the purposes of prostitution and immoral or lewd purposes. Loosely translated, and what a government prosecution will try to prove at a trial, one allegedly agreed to a sex act in exchange for money. See my previous blog on this issue also. If you believe an undercover officer manipulated you into agreeing to something you had no intention of doing you might have a defensible case.
Most clients tell us that they were on their way home and were simply stopped or idling at a stoplight when they were approached by an individual/undercover female officer and propositioned. They had no interest in or desire to engage this person until they themselves were approached. This is the crux of the issue and the arguments in Court on a daily basis as to whether it was entrapment or the person was predisposed to the invitation and/or engagement. Ultimately, whether or not there was an ‘agreement’ will determine how the case will turn.
In our experience, with these or similar facts, we typically advise clients to fight the charges at trial. Results vary with a mix of wins, losses, dismissals and positive resolutions before trial.
Typical exchange dialogue in a police arrest report:
UC: Hey Handsome
D1: What’s up?
UC: Nothing. What you want?
D1: You
UC: Okay it’s $25 for head and $50 to f—.
D1: I have $50.
UC: $50 to f—?
D1: Yeah.
UC: Okay. Cool. Hold on let me tell baby love I have a date.
If you are someone you know are facing DC Prostitution, Sexual Solicitation and/or similar criminal charges in Washington, DC call us today: 202.486.1186. Have an experienced DC Prostitution or sex offense attorney in our office advise you regarding potential outcomes, consequences or options available to you.
Elements of DC Soliciting Prostitution or DC Sexual Solicitation
It is unlawful for anyone in Washington, D.C. to engage in prostitution or to solicit for prostitution. “Prostitution” means a sexual act or contact with another person in return for giving or receiving a fee. According to this definition, both the person offering the services and the person receiving the services could be convicted of the offense. “Soliciting for prostitution” is defined as inviting, enticing, offering, persuading, or agreeing to engage in prostitution.
The penalty for prostitution is a fine of $500 and/or not more than 90 days imprisonment for the first offense; a fine of $750 and/or up to 135 days imprisonment for a second offense; and a fine of $1000 and/or not more than 180 days for a third and each subsequent offense. The court may “suspend” the sentence (that is, order probation as opposed to incarceration) for a conviction of prostitution. A judge may also order the person to stay away from the particular area in which the offense occurred, submit to medical and mental health treatment or fulfill any other conditions the court may impose. D.C. Criminal Code 22-2701. D.C. Criminal Code 22-2701.1. D.C. Criminal Code 22-2703.

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