Prosecutors take both prostitution and solicitation cases seriously, and undercover sting operations are common. A criminal defense attorney with local knowledge and experience can challenge the charges against you and fight to keep your record clean. Call a Fairfax prostitution lawyer from The Leiva Law Firm today to defend against your charges.
Engaging in sexual activity for money is illegal under Virginia Code § 18.2-346. You can also be arrested for offering or requesting sexual services, even if no money changes hands.
The law splits these into two categories: prostitution and solicitation. Allegations of prostitution are against the person selling sex, while solicitation charges involve the person offering to pay for it. Both are Class 1 misdemeanors, which can carry up to 12 months in jail and a $2,500 fine. It can take surprisingly little to end up in handcuffs. Having a conversation with an undercover officer about a paid sex act is enough for a solicitation charge.
Pimping and pandering are treated even more seriously. According to Virginia Code § 18.2-355, any person who arranges or profits from another person’s sex work can be charged with a felony. This includes setting up dates, providing transportation, offering a lookout or protection, or taking a cut of someone else’s earnings. Depending on the details, these charges can carry years of prison time.
The police department regularly runs undercover sting operations that target both alleged sex workers and people seeking their services. A prostitution attorney in Fairfax can ensure that your constitutional rights are protected, challenge evidence, and negotiate for reduced charges or alternative sentencing.
In Virginia, expungement is only possible under very limited circumstances. If you were charged with prostitution or solicitation but the case was dismissed, you were found not guilty, or the charge was dropped, you might qualify to have your record expunged. However, if you were convicted, even for a first offense, state law does not currently allow expungement for prostitution or solicitation.
Talking with a Fairfax attorney from The Leiva Law Firm early in the process can be the difference between a permanent prostitution record and a clean slate. We immediately begin investigating and building a strong defense, doing everything possible to avoid a conviction and minimize the impact on your future.
For prostitution to occur, an agreement must be made between parties over payment. Sex workers, therefore, demonstrate consent by discussing the terms of the sexual exchange. Consequently, you do not have to register as a sex offender for either a solicitation or a prostitution charge.
In accordance with Virginia Code § 9.1-902, soliciting a minor for prostitution is a felony that can lead to mandatory sex offender registration. Additionally, after a sex worker and a client make an agreement, the sex worker can say no and rescind their consent at any time. If this occurs, charges such as rape, aggravated sexual battery, or other sex offenses can be filed notwithstanding that the alleged victim is a sex worker.
Before you say anything to the police after being arrested on suspicion of prostitution, ask to speak to a Fairfax lawyer. We are available day and night to advise you of your rights and help you with investigators and interrogations.
We are responsive, professional, and get results. Contact us now if you need a Fairfax prostitution lawyer, and let us craft your best possible defense.
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