Whether in the Phoenix area, or anywhere in Arizona, per A.R.S. §13-3211 and §13-3214, "Prostitution" occurs when a Defendant offers sexual services for something of value (usually money). This can also be charged under Phoenix City Code §23-52.
Under the City of Phoenix, City Code, a first offense of the Prostitution statute results in a mandatory minimum of fifteen (15) days in jail, up to a maximum of six (6) months in jail. In addition, $2500.00 fine can be imposed along with an 80% surcharge.
If a person has one (1) allegeable historical prior Prostitution conviction, then the mandatory minimum is thirty (30) days under the City of Phoenix, City Code. If a person has two (2) allegeable historical prior Prostitution convictions, then the mandatory minimum is ninety (90) days in jail. If a person has three (3) allegeable historical prior Prostitution convictions, then the mandatory minimum is six (6) months in jail.
Under the Arizona Revised Statute (or "State Code"), a first offense (or any offense thereafter) can be charged as a class one (1) misdemeanor. This means that a person could be placed on probation and given anywhere from zero (0) days in jail up to six (6) months in jail.
One of the strongest defenses to Prostitution is "Entrapment". Entrapment occurs when an undercover Officer gets a person to agree to something they would not ordinarily agree to by coercing them or overbearing their will. For example, if an undercover police officer utilizes the service of a "private dancer" or "escort", and then begins offering extremely large amounts of money to induce the dancer or escort into a sex act, this can be argued as Entrapment. Many times these "private dancer" services do not allow any type of touching or physical contact between the dancer and the patron. However, the old adage "everyone has their price" sometimes is utilized by the Officer to the dancer's disadvantage. Other times, Officers "jump the gun" and make an arrest prior to an actual agreement taking place. It is important to see whether money actually changed hands, or whether there was any initial physical contact which would indicate that a true act of Prostitution was about to take place.
The "Common Defenses", which may apply in any criminal case are numerous and diverse. One of the most common defenses we encounter is a "Miranda Rights Violation". In Arizona, the standard of whether any inculpatory statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a "Voluntariness" standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, "Denial of Right to Counsel" is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their lawyer, but is denied and questioning continues. In certain cases (such as DUI) it is mandatory that you speak to an attorney as soon as possible in order to determine your rights before your body burns away the evidence of your presumably low alcohol content. Other defenses include challenging the validity of any search warrant, or whether there were any "forensic flaws" during the investigation of your case. This could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; etc. Lastly, one of the most common defenses is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction.
It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®), with the most Certified Criminal Law Specialists of any AV® rated Arizona Law Firm, per the Arizona Board of Legal Specialization. In addition, the Firm and all of it's lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Attorneys know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.
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