Managing Attorney
Getting arrested for prostitution in Harris County can be a devastating experience. A conviction can lead to jail time, hefty fines, and a permanent criminal record that can affect your job, reputation, and immigration status. Fortunately, not all arrests lead to convictions—and with the right defense strategy, many cases can be reduced, dismissed, or resolved in a way that protects your future.
At Ceja Law Firm, Board Certified criminal defense attorney Jose Ceja has frequently helped individuals facing prostitution charges in Houston and throughout Harris County. In many cases, there are effective ways to fight the charge, resolve it through a pretrial diversion, or even seek expunction later on.
This article breaks down how prostitution cases are commonly defended and resolved in Harris County.
Understanding the Charge
Prostitution is typically charged under Texas Penal Code §43.02, which makes it a crime to offer, agree to, or engage in sexual conduct for a fee. A first offense is usually a Class B misdemeanor, but penalties can increase significantly with prior convictions. Repeat offenders can face state jail felony charges.
In Harris County, prostitution cases are often the result of sting operations conducted by undercover officers. These operations often lead to multiple arrests in a short span of time and frequently involve vague or ambiguous conversations that prosecutors must rely on to prove criminal intent.
Strategies to Fight a Prostitution Charge
Every case is different, but here are some of the most effective ways that prostitution charges are challenged and resolved in Harris County:
1. Insufficient Evidence
The prosecution must prove every element of the offense beyond a reasonable doubt. In many cases, the evidence is far from clear:
- Was there a direct offer or agreement to exchange sex for money?
- Was the conversation too vague to meet the legal standard?
- Did the defendant actually intend to commit the offense?
In sting operations, the entire case often hinges on what was said between the undercover officer and the defendant. These conversations may be recorded or transcribed in offense reports. But recordings can be unclear, and reports can be misleading or incomplete.
A strong defense can challenge the officer’s credibility, expose inconsistencies, and argue that the State has failed to meet its burden of proof.
2. Mistaken Identity
During multi-person sting operations, law enforcement can make mistakes. It’s not uncommon for individuals to be misidentified—especially in busy environments like motels, apartment complexes, or street-level operations.
In cases involving online communication, the identity of the person behind the messages or phone calls can also be a central issue. If the State cannot prove that the accused was the person who made the arrangement, the case may fall apart.
3. Pre-Trial Intervention (PTI) Programs
For first-time offenders, one of the most favorable outcomes is often pre-trial intervention. PTI is a type of diversion program that allows a person to avoid conviction altogether. If accepted, the defendant must comply with certain conditions—such as community service, counseling, and regular check-ins—for a period of months.
If the program is successfully completed, the case is dismissed. That dismissal can make the person eligible for expunction, meaning the arrest and charge can be completely erased from their record. In Harris County, many judges and prosecutors are open to offering PTI to eligible defendants in prostitution cases.
This is one of the best outcomes a person can hope for because it avoids both a conviction and the stigma that comes with one.
4. Reduction of Charges Under Penal Code §12.44(b)
If the charge is filed as a state jail felony due to prior convictions (of for solicitation of prostitution, which is always charged as a felony), it may be possible to negotiate a reduction of the offense to a Class A misdemeanor under Penal Code §12.44(b). This allows the court to sentence a defendant to county jail time rather than state jail, even though the offense is technically a felony.
One of the major advantages of a 12.44(b) reduction is that it can make a defendant eligible for a nondisclosure (record sealing) much earlier than if they were convicted of a felony. This can be an important long-term benefit for someone seeking to protect their privacy and future employment opportunities.
A knowledgeable defense attorney can often negotiate a 12.44(b) deal, especially when the offense is non-violent and the defendant has a plan for rehabilitation.
5. The Entrapment Defense
Although not commonly used, the entrapment defense may be available in certain cases. Entrapment occurs when law enforcement induces a person to commit an offense they otherwise would not have committed.
To successfully use entrapment as a defense, a person must show that:
- The idea to commit the crime originated with law enforcement;
- The officer used persuasive tactics or pressure;
- The person was not already predisposed to commit the crime.
Entrapment is a tough defense to win. It requires the defendant to admit to the conduct and then prove they were unlawfully persuaded. Judges and juries are often skeptical of entrapment claims, particularly when the defendant took active steps toward completing the offense.
Because of the high burden and potential strategic risks, entrapment is typically used only in rare, fact-specific cases where the police clearly went too far.
Why a Dismissal Matters: Expunction Eligibility
If your case is dismissed—whether through PTI, insufficient evidence, or another outcome—you may be eligible to expunge the charge from your record. An expunction erases all public records of the arrest and prosecution, allowing you to legally deny the incident ever occurred.
This is especially important for people applying for jobs, professional licenses, or immigration benefits. Expunction is available under Chapter 55 of the Texas Code of Criminal Procedure in several scenarios, including:
- Cases dismissed without conviction;
- Successful completion of PTI;
- Certain plea agreements where no conviction results.
Even if the charge is reduced or refiled as a different offense, expunction of the original arrest may still be possible, depending on the circumstances. Ceja Law Firm regularly assists clients to obtain an expunction of a prostitution arrest.
Conclusion
If you’ve been arrested for prostitution in Harris County, you are not alone—and you are not without options. Whether the case can be dismissed, reduced, or resolved through a pre-trial intervention program, a skilled defense attorney can help protect your record and your future.
At Ceja Law Firm, attorney Jose Ceja is Board Certified in Criminal Law by the Texas Board of Legal Specialization and has successfully helped many clients navigate prostitution charges in Houston. He understands the legal landscape, the court system, and how to pursue the best possible outcome in your case.
Contact Ceja Law Firm today to schedule a consultation.
