What to do if the police contact you about a prostitution case?
Prostitution is illegal in Texas and can be punished harshly. Law enforcement in the Houston area regularly conduct prostitution stings to arrest the buyers and sellers of sex. Most people who are arrested and charged with prostitution are arrested after a police sting where an undercover police officer will pose as either the buyer or seller of sex. But in some cases, it is possible that the police will contact a suspect later on and ask them to make a statement. This article addresses what you should do if the police contact you about a prostitution case in the Houston area.
What are your rights if the police contact you about a prostitution case?
The most important thing to understand if the police contact you about a prostitution case (or any criminal investigation), is that you have the right to remain silent. Under the Texas and United States Constitutions, you have the absolute right to not make a statement to the police, and the fact that you did not make a statement cannot be used as evidence of guilt. The police cannot arrest you simply for refusing to make a statement or charge you with a crime for not making a statement.
Should you talk to the police if you are contacted regarding a prostitution investigation?
You should always consult with an experienced prostitution defense attorney before making a statement in a prostitution case. However, most experienced criminal defense attorneys typically advise against making a statement if you believe there is a chance that you may be a target of any kind of criminal investigation.
The general rule is that if the police have enough evidence to arrest you, there is nothing that you can say to change their mind or convince them not to go forward with a prostitution charge. On the other hand, if the police lack enough evidence to arrest you, then by speaking with them, you may be helping them complete their investigation and develop enough evidence to arrest you (for example, by confirming your identity or whereabouts at a certain date or time). In short, most experienced criminal lawyers believe that there is typically no advantage to talking to the police.
What should I do if I learn that I have a warrant in a prostitution case?
On occasion, a suspect in a prostitution case will be released and a warrant will be issued later (sometimes this is referred to as “cite and release”). If you learn that you have an open warrant for prostitution, you should call an experienced criminal defense attorney who can assist you in verifying that the warrant is valid. If you have an open warrant for a prostitution case, you must resolve it as soon as possible. In the Houston area, it may be possible to resolve an open warrant for a prostitution charge without having to go into custody by doing a walk-through arrest.
You should never pay money (or cryptocurrency) to anyone claiming that you have a prostitution warrant that can be lifted if you send money. These calls are likely scams that are common in the Houston area. Law enforcement will never offer to lift a warrant if a person sends money.
Attorney Jose Ceja is a former prosecutor and Board-Certified in Criminal Defense by the Texas Board of Legal Specialization. Mr. Ceja regularly defends prostitution cases throughout the Houston area. Call Ceja Law Firm today if you are under investigation for prostitution or have been charged.