If you are arrested or charged with prostitution in Arizona, it is important to have a qualified and experienced prostitution lawyer that you can trust to represent you.  Not only does a first offense prostitution conviction carry mandatory jail time, it also carries negative stigmas and collateral consequences.

Arizona Revised Statutes §13-3211 defines prostitution as engaging in or agreeing or offering to engage in sexual conduct under a fee arrangement with any person for money or any other valuable consideration. Arizona Revised Statutes §13-3211 further defines sexual conduct as “sexual contact, sexual intercourse, or sadomasochistic abuse.”

POSSIBLE PUNISHMENT FOR PROSTITUTION

Prostitution is a class one (1) misdemeanor punishable by up to six (6) months of jail; a fine up to $2,500.00 plus an 84% surcharge; three (3) years of probation; and prostitution classes and counseling may also be imposed.

NOTE: A city or town may enact its own ordinances which may make the penalties more stringent.

MANDATORY MINIMUM JAIL FOR PROSTITUTION

A first offense for prostitution results in a mandatory minimum sentence of fifteen (15) days in jail. Some jurisdictions offer a diversion program for first offense prostitution charges. This means that if you complete the program successfully, you will not have to do the jail time. However, if you are not successful with the program, you will thereafter be required to do the jail time. Also, if you have already attended a diversion program for prostitution, you may not be eligible to do another diversion program.

If a person has a prior prostitution offense, then the mandatory minimum sentence is thirty (30) days in jail. Probation and/or suspension of sentence is not allowed.

If a person has two prior prostitution offenses, then the mandatory minimum sentence is sixty (60) days in jail. Probation and/or suspension of sentence is not allowed.

If a person has three prior prostitution offenses, then the mandatory minimum sentence is six (6) months in jail. Probation and/or suspension of sentence is not allowed.

NOTE: A fourth offense for prostitution, however, can be charged as a class five (5) felony, which carries a minimum sentence of 180 days jail or prison and up to a potential sentence of two and one half (2.5) years in prison. Probation and/or suspension of sentence is not allowed.

POSSIBLE DEFENSES TO PROSTITUTION

Officers failed to establish probable cause to arrest you.  In other words, the arrest was not based on sufficient evidence.

The Officer’s search warrant was invalid due to the officer’s failure to provide sufficient detail to the location to be searched.

Officers entrapped you. Entrapment means that the police induced you to commit the act of prostitution and you did not intend to commit an act of prostitution before a police decoy suggested it to you. Entrapment is not a valid defense if you intended to commit the crime and the police simply provided a means for you to do so.

Officers used coercive methods or offers of leniency to get you to make admissions.

Officers violated your rights under Miranda and/or your right to counsel.

Officers violated other procedural due process rights.

At Castillo Law, Cindy Castillo offers free consultations and affordable yet quality representation with proven results. This gives you an opportunity to gauge the knowledge and experience of the lawyer and also determine whether she is the right lawyer to fight your case.