To win and Defend against a prostitution charge in Oklahoma requires a strategic approach and a solid understanding of the law. This approach can be different depending on if the case is charges as a felony or a misdemeanor prostitution crim. Here’s a breakdown of potential defenses and important considerations:
Defend Against Prostitution By Challenging The Evidence
- Lack of Evidence of Exchange: The prosecution must prove that there was an agreement to exchange sex for money or something of value. If there’s no clear evidence of this agreement (e.g., no conversation, no money exchanged), your attorney can argue that the essential elements of the crime weren’t met.
- Entrapment: If law enforcement used overly aggressive tactics to induce you into committing the act of prostitution when you wouldn’t have otherwise, your attorney can argue entrapment. This defense focuses on showing that the police created the crime, not you.
- Mistaken Identity: If there was a case of mistaken identity, or if the evidence relies heavily on unreliable eyewitness testimony, your attorney can challenge the accuracy of the identification.
Defenses Related To Procedure:
- Illegal Search and Seizure: If the police obtained evidence through an illegal search or seizure (without a warrant or probable cause), your attorney can file a motion to suppress that evidence.
- Miranda Rights Violations: If you weren’t properly informed of your Miranda rights (right to remain silent, right to an attorney) before making any statements, those statements can be suppressed.
Additional Defenses To Prostitution Charges :
- Duress/Coercion: If you were forced or coerced into prostitution against your will, this can be a defense. This is particularly relevant in cases of human trafficking.
- Lack of Intent: In some cases, it might be possible to argue that you didn’t have the specific intent to engage in prostitution. This can be challenging but might be relevant in certain factual scenarios.
Important Things To Think About:
- Hire an Experienced Attorney: Before you consider entering a plea deal It’s crucial to have an experienced criminal defense attorney who specializes in prostitution cases. They can thoroughly investigate the circumstances, identify the best defense strategy, and protect your rights.
- Gather Evidence: If you have any evidence that supports your defense (witnesses, messages, etc.), provide it to your attorney.
- Be Honest with Your Attorney: Open and honest communication with your attorney is essential for building a strong defense.
Specific Oklahoma Statutory References:
- Oklahoma Statute Title 21, Section 1029: Defines the crime of engaging in prostitution.
- Oklahoma Statute Title 21, Section 1030: Defines the crime of soliciting prostitution.
Remember:
- Penalties for prostitution in Oklahoma can be severe, including fines, jail time, and a criminal record.
- A conviction can have long-term consequences, affecting your employment, housing, and personal relationships.
We can help you defend against a prostitution charge in Oklahoma. If you’re facing a this kind of crime do not hesitate to seek legal representation immediately. An experienced Tulsa criminal defense attorney can help you understand your options and fight for the best possible outcome. Get a free consultation with the attorneys at Tulsa Criminal Lawyers Law Firm by calling 918-416-0358 or you can follow this link to ask an online legal question