Case Process of an Ocean City Prostitution
Probable cause for a prostitution arrest could be based on witness or client statements. It is also important that there does not have to be an actual act that takes place before a person is charged with prostitution, which could be a charge under the theory of assignation. The theory of assignation is the making of an appointment or entering into the agreement for prostitution – an attempted prostitution.
Probable cause in the process of an Ocean City prostitution case could also be based on one person’s statement. It could be based on an officer speaking with a female that they suspect was going to engage in an act of prostitution.
Talk to an experienced Ocean City prostitution lawyer for more information regarding probable causes for a prostitution arrest.
Case Procedure
Oftentimes, the process of an Ocean City prostitution case will begin by a person being allegedly charged for prostitution and it is possible that they will be arrested on-scene for the crime. If that is the case, the person being allegedly charged will be taken in front of a district court commissioner because it is a misdemeanor. The commissioner would decide whether they need to set a bond or whether they could be released on their own recognizance.
If the person must post a bond and they are unable to, they will be taken in front of a judge at the next court date. The judge then could release them on their own recognizance or may lower the bond. Many times this decision is made based on whether the person arrested is from the community, has ties to the community, or does not have ties to the state and is passing through.
Court dates are usually set within forty-five days of the arrest. Before then, a person will want an attorney. If a person is indigent, they can apply to the public defender’s office and get representation through the public defender’s office.
Prostitution Cases in Ocean City
Prostitution cases in Ocean City are generally prosecuted aggressively, and it is unusual for charges to be lowered or dropped.
Constitutional Issues
Prostitution cases rely on the defendants. It is possible for statements from the defendant to result in protections by the Fifth and Sixth Amendments. If a person makes a statement that could be used against them at trial, one area that needs to be looked at is when they made the statement. Were they subject to interrogation or did they voluntarily make a statement? If they were in custody, had they been advised of their own Miranda warnings?
There are a couple different ways that the constitution can come into play when making a statement to the police. Another constitutional issue would be the charged person’s right to counsel and whether or not they requested to speak with an attorney before making any statements to the police.
These are the biggest constitutional issues to understand in the process of an Ocean City prostitution case.
What to Know
It is important to speak with an attorney right away. If the person being charged is someone who was soliciting a prostitute, it is best to handle the situation with as little publicity as possible. If the person charged is the person who was prostituting, it is important for them to understand that there may be an opportunity to recover. Drugs are often involved in these situations, and there would be opportunities for the person charged with prostitution to get help.
The process of an Ocean City prostitution charge could be life-altering, but there can be ways to offer aid.
