Prostitution arrests are fairly common in Houston. Be that as it may, there is no guarantee these arrests will result in a conviction. With the right defense, it could be possible to beat a prostitution charge.
Developing a winning defense is possible, but it could be challenging without the guidance of a dedicated criminal defense attorney. This is because every case is different, and some defenses will not be effective in every case. Below, we discuss three of the strongest potential defenses to a prostitution charge in Houston.
In some cases, police can make errors in judgment when deciding on when to make a prostitution arrest. These officers are known for making a rush to judgment when it comes to prostitution arrests, particularly in areas where prostitution is common. If a person has no intent to commit a sexual act for money, they have not committed the crime of prostitution. This is true even if the police discover them in an area known for prostitution or in a car with another individual.
An attorney could provide the prosecutor or a jury with an alternative explanation of the events. If there is a simple explanation for what actually happened the night of the arrest, an attorney could use that to defend against the charges at trial.
Lack of Evidence
A common defense in prostitution and other criminal cases is the lack of evidence needed to convict. Remember: the prosecution carries the burden of proof. If they cannot demonstrate beyond a reasonable doubt that a defendant has committed prostitution, the jury must find them not guilty. Often, holding the jury to this burden is the strongest defense possible.
Beyond a reasonable doubt is more than just a hunch that a person is guilty. It is also more than the belief that a defendant probably committed the crime of prostitution. Believing beyond a reasonable doubt that another person has committed a crime means that their guilt is the only realistic conclusion a person could draw.
Given how high this burden is, it is possible that there could still be evidence that points to guilt that is not enough to merit a conviction. An arrest occurring in an area known for prostitution might be suspicious, but on its own is not enough to meet the state's burden of proof. An experienced attorney could aggressively poke holes in the theory of the state's case, demonstrating that there are other explanations for what transpired. This defense is also potentially strong as it does not require an alternative theory of the case. The defendant might not even need to testify.
An uncommon defense in most criminal prosecutions, entrapment is commonly used in prostitution cases. Entrapment occurs when the police encourage or induce a person to commit a crime they otherwise would not have. The police frequently run “sting” operations using uncover officers to catch prostitutes in the act. However, if the police threaten or trick the defendant into committing the crime, they could have a viable defense from prosecution.
Get a Smart Defense Against Prostitution Charges in Houston
When looking for a prostitution defense attorney who can deliver any one of the above defenses or another defense successfully will be dependent on that attorney's commitment, experience, knowledge, and skills. An attorney Board Certified in criminal law is one way to measure an attorney's capabilities. Another method is to review client testimonials and case results. Then, when you find the attorney most qualified, contact him to schedule a free initial consultation where all your questions and concerns can be adequately addressed.