Q: I’m going to court in a month for a prostitution charge, first offense misdemeanor 3.Chances of jail? I got in trouble 8 years ago, completely unrelated to prostitution. My only record , plead down to criminal mischief . I recently got busted for my first offense prostitution charge . I had put up an ad on an escort website . I never mentioned ANY acts in any ad, or email . I was detained and searched (nobody told me why I was being searched or what for) without being read Miranda rights. I never agreed to specific acts, I told the undercover the money was for my TIME and I never touched the money. And, nothing was found in my home; no drugs, no adult products, nothing. What are the chances of jail time and pleading down to a disorderly for my record because i cannot have the P word on my record?
A:You need to hire a lawyer to discuss all of the details-your version and what the police report says. In our county, prostitution charges generally lead to probation, unless there is a significant criminal history, which you say you don’t have. If you were my client I would first look how strong your defense is in order to gauge the chances of obtaining a not-guilty verdict and just as importantly to be used as a bargaining tool with the DA to push them ot withdraw or reduce the charges. If it was not possible to win the case, I would try to have the charges withdrawn in exchange for your completing counseling. My next plan would be to have the case worked out to a summary level offense such as a Disorderly Conduct, which you can expunge five years from now if you are not arrested again. By the way, Miranda warnings do not have to be read unless you are interrogated.