Soliciting a Prostitute Charge Despite No Mention of Sex

[Catey716]

we are in Tulsa, OK. Last night as my nephew was closing up his shop, a lady came running across the street as he was locking up a gate. She said that she was new in town and her car was broken down, to which she pointed to a car w/it's hazard lights on. My nephew told her sorry for her bad luck but he had to go. She then asked him for a ride down the street to her hotel. He made the unfortunate decision to agree because she "was well dressed and seemed like a nice girl in a bind". So, off they go and she asks him what there is to do in this town. He said I guess dinner, movies, not much, to which she said, "oh like a date?" and he said well yeah I guess so and then she said do you have money for that and (thinking she wouldn't want to go out w/someone who didn't have any money), he said well I guess. He was instantly pulled over and arrested for soliciting. Keep in mind, there was never any mention of sex, he didn't go looking for her at all. This is a guy who is a single father, works his butt off to care for his boy and this is just wrong. Am I right? The cops took him back to a hotel room and a cocky cop told him not to worry about it, it was just a misdemeanor but it is a big deal. Can they do this when there was NO MENTION of any sex? I know what u might be thinking but my nephew is very honest. I need some advice here. They didn't read him his rights. The cop told him that because the lady cop mentioned "date" and my nephew said he had money, that was solicitation? He cannot afford an attorney so how should he plead? He is trying to buy a house so money is real tight. This seems wrong. Someone told him he will have to register as a sex offender? Please, any advice (legit only pls).

Thank you so much in advance.

[jk]

Catey716;129856] then she said do you have money for that and (thinking she wouldn't want to go out w/someone who didn't have any money), he said well I guess.

so why would he tell her he had money for "that"? You tell of a story in which your nephew did seem to be interested in a date. If not, why would he answer in the manner he did?

He was instantly pulled over and arrested for soliciting. Keep in mind, there was never any mention of sex,

they will claim that "a date" is a known euphemism for sex.

he didn't go looking for her at all.

doesn't make any difference.

This is a guy who is a single father, works his butt off to care for his boy and this is just wrong. Am I right?

If your take on the story is correct, yes, I believe it is a bit over the top.

They didn't read him his rights.

they are not required to.

He cannot afford an attorney so how should he plead?

he should plead poverty and request a court appointed attorney.

[blueeagle]

The ONLY way this would be illegal is if she was under the age of consent (16 in OK). If not he did nothing wrong. There is no law anywhere that prevents two consenting adults from going on a date.

If she was a minor he might have a problem. Even if he did not ask for sex he could still be charged. I'm not sure if he would have to register though.

Since she had a car I logically assume she's over the age of consent. I am not aware of any law in the country that prevents two adults from going out on a date. I have no idea why he was even stopped.

I can almost promise you a good lawyer will get this whole thing thrown out! Then I suggest he sue from wrongful arrest!

Btw, how did the police even know she asked him out on a date???

[jk]

blueeagle, it was a sting and the woman was a cop. go back and re-read the original post.

[blueeagle]

blueeagle, it was a sting and the woman was a cop. go back and re-read the original post.

You're right. I must have missed that part.

Can you please explain how this is illegal? She asked him out on a date, he said "ok", now this. Since when is it illegal for two adults to date??

Even IF this is illegal could he argue entrapment?

[Catey716]

so why would he tell her he had money for "that"? You tell of a story in which your nephew did seem to be interested in a date. If not, why would he answer in the manner he did?

He was answering about an actual date, not sex date. He honestly thought she was new in town and he has been divorced and probably a little green on things. I know it is a hard story to believe but he is telling the truth. I know everything in this kid's life, been there with him through everything, he has told me things I would have rather not known so I know he would have told me if it was anything but what he is telling me.

should he plead not guilty or no contest? the court-appointed attorney, is that a good option?

[blueeagle]

so why would he tell her he had money for "that"? You tell of a story in which your nephew did seem to be interested in a date. If not, why would he answer in the manner he did?

It doesn't matter. It's not illegal to say "yes" when asked out on a date. If she was a minor it would be, but she was an adult.

He was answering about an actual date, not sex date. He honestly thought she was new in town and he has been divorced and probably a little green on things.

See above.

I know it is a hard story to believe but he is telling the truth. I know everything in this kid's life, been there with him through everything, he has told me things I would have rather not known so I know he would have told me if it was anything but what he is telling me.

I don't find it hard to believe. I've heard lots of fishy stories in my life, but this is not one of them.

should he plead not guilty or no contest? the court-appointed attorney, is that a good option?

Get a court-appointed and fight it till the end!

[jk]

it is difficult to say what exactly was said that made the police believe that the nephew understood it to mean sex. They could simply be wrong. They have been known to be overzealous at times.

I was just (literally) reading about a situation that was even a bit more extreme than this one.

i can;t remember where I was when reading it but it involved a guy siting in his car with his wife waiting for their daughter to come out of a restaurant. The "hooker" leaned in the car and the next thing you know, the cops swarm the car and arrest the guy and impound the car. All charges were eventually dropped but so far it is going to cost him $4700 to get his car back. He claims there was never any mention of sex. This was in Chicago.


Anyway, when he appears in court, he will have the opportunity to plead or request an attorney. If he cannot afford one, it would be advisable to apply for the state appointed attorney. This should happen before he pleads.

[Catey716]

well, here is the even more interesting tidbits about the "sting". They took him to the motel room where the cops were and the cops were in uniform drinking beer, while now the undercover cops were actually bringing the guys to the room, then arresting them. just doesn't seem that appropriate to me. Anyway, he is afraid of anyone finding out as he thinks no one would believe him and he is trying to buy a house so he thinks if he pleads guilty and takes the punishment, it will go away but I told him that probably isn't a good idea.

Can he meet with the public defender before his court date? It is actually Tuesday. The bail bondsman told him that the judge tosses these cases out all the time but I told him not to count on that. Any thoughts, advice? Thanks for your advice so far btw..

[jk]

can;t say much about what was happening in the room. If what you state is even close to correct, it was obviously a very poor group to do such.


If he thinks this would go away by pleading guilty, Sen. Craig comes to mind as to what can happen.

From what I have seen, he will have to be arraigned (that is when you go in front of the judge and are formally charged) and that is when the mention of a PD is brought in to play. At that point, he would apply for a PD and if granted, wait until one is appointed and go from there.