Lawyer's view needed

maximum

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Feb 3, 2007
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I have an incall SP friend who suspects she is being watched by LE. She is seriously thinking of quitting. If she quits, can LE still charge her based on the 'Bawdy House Act' for having offered prostitution services even if she is not in the 'business' anymore? in other words, can LE charge somebody for a past 'illegal' activity? Thanks for any help.
 
maximum said:
I have an incall SP friend who suspects she is being watched by LE. She is seriously thinking of quitting. If she quits, can LE still charge her based on the 'Bawdy House Act' for having offered prostitution services even if she is not in the 'business' anymore? in other words, can LE charge somebody for a past 'illegal' activity? Thanks for any help.

You must be kidding! Virtually all charges are laid for past activities. It is such a pain to lay charges at 140 km driving one handed down the 401 !!!!

The real question is do they have the evidence they need to get a conviction yet. Cops hate going to court and having the charges dismissed.
 
LordLoki said:
You must be kidding! Virtually all charges are laid for past activities. It is such a pain to lay charges at 140 km driving one handed down the 401 !!!!

The real question is do they have the evidence they need to get a conviction yet. Cops hate going to court and having the charges dismissed.

Yes, she suspects they have evidence (that's why she is quitting). But can she say yes I was doing 'something wrong' but not anymore...blah blah blah...
Can that kind of argument fly with the judge?
Thanks.
 
maximum said:
Yes, she suspects they have evidence (that's why she is quitting). But can she say yes I was doing 'something wrong' but not anymore...blah blah blah...
Can that kind of argument fly with the judge?
Thanks.

Sort of like "I admit I murdered my last 3 husbands, but I have quit doing that?" I guess anything is possible. (that was a sarcastic comment).

Local LEAs seem to like to lay charges somewhere every month or so (quota? We got no stinking quota!) They typically only bother incalls if neighbours etc are complaining. Someone using the wrong wring code at odd hours and asking for a *&%^ seems to be a consistent comment. Once they have sufficient evidence they tend to act swiftly.
Normally they want to charge at least one or two ‘found in’s at the same time. So no incall customers... no ‘found in’s.
 
Something stinks here, and it is not unwashed pussy.

Why would the cops bother with her? Is she running an operation or just herself?

If she was being watched by the cops, unless she has counter intelligence training I doubt she would know. So, either she is a former spy, she is paranoid, or someone else is watching.
 
As other posters have noted, of course she can be arrested and charged even if she is not still engaged in running an incall. But they like to get her in the act, with a client on premises.

If the cops have the evidence, she'd be busted already. They also have better things to do than stake out an incall operation for a month trying to gather evidence.

If your friend has pissed off the neighbours, she needs to move. It will not be safe to run the incall if neighbours are aware of what is going on and are pissed off. If she hasn't, then how and why are the cops onto her?

Seems to me we are missing nine tenths of the story here, so it is really difficult to give advise. Relatively high profile incalls with multiple girls, web pages, newspaper ads, etc have been operating for years without busts. Not to mention MPs. So what happened that you aren't telling us about?

The short answer is yes, she can be charged. But in reality, stop the incall, problem goes away.
 
My thoughts....
If she is "working" with several women out of one address then yes, the cops are interested in these places.
If she is involved in bringing in young asian women or eastern european women (trafficking), then yes, the cops are interested in these places.
If she is working out of a facility that has caught the attention of neighbours and they have filed complaints, then yes, the cops are interested.
If she is working alone and below the radar of her neighbours, then my guess is the cops have better things to do then invest a lot of resources to catch one person. Proving guilt in these single operator cases is probably pretty difficult to do and likely not worth their time.
 
First of all if she wants to quit because the heat is on........she is in the wrong business and attracting too much attention.



No one wants to be charged with a crime but is you violate laws this is always possible.
 
maximum said:
Yes, she suspects they have evidence (that's why she is quitting). But can she say yes I was doing 'something wrong' but not anymore...blah blah blah...
Can that kind of argument fly with the judge?
Thanks.
Look you honor I only killed a few people but I promise not to do it again?

She how it sounds?

If she wants to roll over on others she might cut a deal...of course that is not a healthy way to live.
 
Actually you guys are all full of it...this is one of those crimes where one has to be caught in the act, especially if you are talking about incall. So I am going to say that: she can not be charged if she is not there.
 
Like other posters have said, if the Cops had all the evidence they needed then they'd have busted her by now. With that said though, if they are seriously looking at her, that doesn't mean that they won't bust her if she gets out of the business now. Getting out will ensure that the Police can no longer gather evidence and then its up to them to decide whether they want to move forward with what they have or not.

The longer she stays in the business, the more of a case the Cops can potentially build.
 
Fabulous said:
Actually you guys are all full of it...this is one of those crimes where one has to be caught in the act, especially if you are talking about incall. So I am going to say that: she can not be charged if she is not there.

This isn't a guessing game....... How do you know they don't approach some client that just saw her and tell him he's in big trouble unless he cooperates? Now the guy would be stupid to admit anything, but if he was scared then anything can happen....

Also, what is she doing? Is she involved in trafficking? Maybe they are building a case that goes outside of just straight escorting....
 
Fabulous said:
Actually you guys are all full of it...this is one of those crimes where one has to be caught in the act, especially if you are talking about incall. So I am going to say that: she can not be charged if she is not there.

You're wrong. They only need proof that the place was a common bawdy house, and that she was in it. Raiding the place and arresting her on the spot is a very easy way to do that, and certainly the most common way, but nothing in the criminal code or in case law specifically requires that.

I do agree that without arresting her on the spot it will be much HARDER for them to prove their case, and in practice that may mean they will not bother. So, if she quits, the odds are very much in her favour that she will not be charged.

However, say that undercover officers already have visited the location and have proof that it's a bawdy house, and furthermore they have video proof that she was there at the time, in that case she has been caught red handed, but she just doesn't know it yet.
 
Yes, she can be charged even after she leaves. There is a 6 month limitation period to lay summary conviction charges.

If she does leave the cops will charge her and then offer a deal to drop the charges if she gives evidence against the agency.

Tell your "friend" to get out now and mark 6 months on the calendar.
 
Compromised said:
Something stinks here, and it is not unwashed pussy.

Why would the cops bother with her? Is she running an operation or just herself?

If she was being watched by the cops, unless she has counter intelligence training I doubt she would know. So, either she is a former spy, she is paranoid, or someone else is watching.

I was thinking the same thing myself. Even if she was they would have to suspect underage violations or have tons of complaints to justisfy surveilance over any period of time.
 
a "friend" was contacted by le before any charges were laid,they were looking for "potential witnesses",they asked if they had contacted a certain lady,yes was the reply.Then the party was asked if his wife knew,wtf,he said yea wanna talk to her about it.He knew that was a dead end,so then he was asked,if someone invites someone into their home for sex,is it ilegal,his reply absolutely not!End of call,but the lady was charged at some point but for other things.
 
Only just reading this thread and everything that needs to be said has been said.

But for my two cents: if she's that concerned - move, if her neighbors have issues - move, but if the police have a provable case none of this will prevent her being charged.
 
wim said:
And the answer is......no. Bawdy house charges are considered "status" offenses meaning that you must be found as an "inmate" (SP) or a "found in" (John). Living off the avails is a little more complicated but still requires a temporal connection.

Specifically, the police have to prove that she was in the bawdy house, and that it was a bawdy house when she was in it. That does NOT mean they have to arrest her there, or even on that day.

You MIGHT be able to play dodgy games with the term "found in", but unfortunately there is no such language around section 210(2)a, "Every one who is an inmate of a common bawdy-house is guilty of an offence punishable on summary conviction".

That does not say they have to arrest her inside the bawdy house, only that they have to prove she was an inmate of the bawdy house.

Even in the case of section 210(1)b, with the "found in" phrasing, I think they could find her in the bawdy house on Monday (possibly without her knowledge) and arrest her for it at some other location on Tuesday (or five months later).

There IS a temporal connection, and they DO need to prove the temporal connection. Arresting her on the spot inside the bawdy house eliminates the need for them to prove she was there at the time--but if they have OTHER proof that she was there at the time (videotapes of her being there at the time, witnesses, photographs, etc) they can still charge her.

Plainly quitting makes their case tougher, and anything that makes their case tougher is good. So she should quit, at least until the heat is off.
 
What amazes me is that the post has asked for a "Lawyer's View". Quick show of hands of the previous posters who are lawyers.
 
"Harumph, damn these wigs itch. Now that you begin to see how complex the situation might be, and how many variables may be at play, you can see why I don't give free advice on escort review boards. I can't type that well, and there's length limits anyway. Tell your friend to make an appointment."