Results 1 to 3 of 3
  1. #1
    Join Date
    May 2016
    Posts
    1

    Exclamation Can the Police Assume That You Were Involved with Prostitution

    My question involves criminal law for the state of: California.
    Can a police officer pull you over and arrest and give you a ticket, because they saw a prostitute approach your car at a red light while you were driving home?
    what would you do if you were issued a ticket for being involved with a prostitute even though you the cops saw the prostitute walked away after you told her "No" and resumed driving. Do you get witnesses or dash cam videos or what? Also during the arrest, your rights were not read to you.


    I am not sure if this is a dumb question but I would love to read what you would do in this situation for the court.

    Thank you

  2. #2
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Can the Police Assume That You Were Involved with Prostitution

    Just seeing a prostitute approach the car is not enough for probable cause to arrest/issue a citation for solicitation of prostitution. But if the “prostitute” was really an undercover cop then the officer’s testimony could provide the probable cause needed for the arrest/citation. They may also have audio/video of the interaction with the prostitute too.

    The officers do not have to read you your Miranda rights as soon as they arrest you. That is only required when both of the following conditions exist at the same time: (1) you are in custody (e.g. under arrest) and (2) the officers are going to question you about the alleged crime. If the officers didn’t ask you about it after you were arrested then it wasn’t required. Even if it was required and not given, the only remedy for that is suppression of the statements you made during questioning. If you didn’t say anything incriminating then there is nothing to suppress. If the state has other evidence besides any suppressed statements, you may still be prosecuted based on that other evidence. Failing to advise you of your Miranda rights does NOT automatically result in dismissal of the charges.

    You’ll want to get full discovery of the evidence against you. I strongly suggest you hire a criminal defense attorney to help with this and everything else involved in defending you. Unless you know what to do, you could make serious mistakes that result in this coming out a lot worse.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Can the Police Assume That You Were Involved with Prostitution

    Quote Quoting MoniD52
    View Post
    My question involves criminal law for the state of: California.
    Can a police officer pull you over and arrest and give you a ticket, because they saw a prostitute approach your car at a red light while you were driving home?
    That depends ... what were you cited for? Was it for a traffic offense? Or, was it for loitering with the intent to solicit?

    what would you do if you were issued a ticket for being involved with a prostitute even though you the cops saw the prostitute walked away after you told her "No" and resumed driving. Do you get witnesses or dash cam videos or what? Also during the arrest, your rights were not read to you.
    If charged with a crime you obtain an attorney. That attorney can seek reports and evidence through discovery.

    1. Sponsored Links
       

Similar Threads

  1. Retail Fraud / Shoplifting: What Are the Chances of the Police Being Involved
    By ooohreo in forum Criminal Charges
    Replies: 6
    Last Post: 06-15-2012, 08:35 PM
  2. Search and Seizure: Are Police Allowed to Assume a Drug Deal is Going Down
    By boi in forum Criminal Procedure
    Replies: 2
    Last Post: 04-11-2011, 05:00 AM
  3. Retail Fraud / Shoplifting: Shoplifting. But No Police Involved
    By wondering04 in forum Criminal Charges
    Replies: 2
    Last Post: 03-31-2009, 09:36 PM
  4. Retail Fraud / Shoplifting: Price Tag Switching, No Police Involved
    By an65 in forum Criminal Charges
    Replies: 2
    Last Post: 12-27-2008, 12:22 AM
  5. Retail Fraud / Shoplifting: Age 18, Got Caught Shoplifting, No Police Involved
    By asdfasdfwfv in forum Criminal Charges
    Replies: 20
    Last Post: 05-25-2008, 11:27 AM
 
 
Sponsored Links

Legal Help, Information and Resources