Famously coined as “the oldest profession,” prostitution is a crime that is committed throughout our country and the world on a consistent basis. Florida is of course not exempt from that statement. As in all other states, there is a specific statute describing what may qualify as a prostitution offense as well as the possible severity of the consequence.
Throughout the years, there have been multiple approaches by criminal defense lawyers regarding possible defenses a person can take if he/she believes that they have been unfairly accused of this offense. The following is an overview of the possible defenses.
Lack of Proof in Prostitution Charges
Various defenses could fall under what one would describe as a lack of proof. With undercover work on behalf of the authorities being inherent in prostitution stings, these defenses are probably best utilized for someone who is seeking to support their case that fits within that criteria.
In their attempts to arrest potential criminals committing the act of prostitution, law enforcement has been known to go undercover as pimps or prostitutes to catch a potential solicitor. There is a chance for the “offender,” who may be a law-abiding citizen, to be unfairly lured into a trap by law enforcement, hence “entrapment.” Although evidence may be difficult to gather for this defense, it is a commonly sought out defense.
Legal Impossibility in Prostitution Charges in Fort Lauderdale
Unlike entrapment, this defense is usually used when the act of prostitution is conducted through an electronic medium such as social media and the transcript of the conversation can then be read over and analyzed in a court of law to divulge if a consequence is necessary or not. For example, if the behavior of the defendant did not cross any legal boundaries or a sort of “role-playing” was proven to be the true intention, it would then likely be dismissed.
One of the rare scenarios where a legal impossibility defense could be used, not over the internet, but in an in-person circumstance, would possibly be where if the conversation had been recorded via hidden wire or video camera. Otherwise, it would be difficult to pursue a legal impossibility defense without any hard evidence such as an audio/video tape for a mere testimony would not be considered sufficient evidence.
Contact a trusted Fort Lauderdale attorney if you or a loved one would like more information regarding a prostitution charges attorney.