COLORADO SPRINGS TRIAL LAWYER
experienced and professional attorney - 30+ years private practice in Colorado state and municipal courts

Colorado Springs prostitution criminal defense, arrest, arrested, soliciting for prostitution, patronizing a prostitute, pimping, pandering, arrest in police sting operations, criminal charges, police outrageous conduct, entrapment, nuisance forfeiture & nuisance abatement, bail bond, affirmative defenses, jurisdictional attack, collateral attack, statutes of limitations & speedy trial, sealing criminal justice records, deferred sentence, sexually transmitted diseases, HIV testing, HIV criminal charges, HIV classes, useful public service, criminal petty offense, misdemeanor defense, felony defense. prostitution Denver Colorado, prostitution Aurora Colorado, prostitution Brighton Colorado, prostitution Broomfield Colorado, prostitution Centennial Colorado, prostitution Englewood Colorado, prostitution Federal Heights Colorado, prostitution Golden Colorado, prostitution Littleton Colorado, prostitution Sheridan Colorado, prostitution Thornton Colorado, prostitution Wheat Ridge Colorado, prostitution WheatRidge Colorado, prostitution criminal defense, prostitution defense, massage parlor code, escort service code, pimping defense, pandering defense, forfeiture defense

        This webpage covers a variety of circumstances and criminal charges with links to related civil matters.

1.         An individual who has attempted to hire a prostitute and found himself or herself arrested in the midst of police sting operation

2.         An individual who in fact picked up a prostitute and was discovered in flagrante delicto while parking near a closed business, perhaps in a park or other semi-private public place.

3.         An individual who has advertised escort or other services and finds himself or herself arrested by the prospective client in the midst of police sting operation.

4.         An individual who was approached by a prospective client in a vehicle and finds himself or herself arrested by the prospective client in the midst of police sting operation.

5.         An individual who, by phone or in person, has made arrangements for two other persons to meet for the purpose of a sexual liaison involving cash.

6.         An individual who has received money from a person engaging in prostitution.

        There are multiple charges, sanctions and consequences which can accrue when sex is allegedly involved with money.  Disposition may include attendance at an STD - HIV Awareness Class and / or HIV Testing and / or Target Area Prohibition

        My clients are advised not to discuss facts, law or trial strategy in any offense of a sexual nature or civil nuisance abatement proceeding with anyone other than myself as legal counsel or a private investigator retained as my agent, who is covered by the attorney - client privilege.  Statements to any third person may be grounds for additional criminal charges, even if the other person is a trusted confidant.  In cases alleging a sexual or drug offense, it is quite common for others to be previously or subsequently apprehended and offer information to law enforcement or prosecution in return for reduced charges or immunity (transactional or use).  Because offenses of a sexual or drug nature may be perceived as going enterprises, VNI units of law enforcement recruit confidential informants to gain information.  It would also not be uncommon for a person's confidant to be a confidential informer, perhaps wearing a wire.  Be very careful what you tell or say to other persons - your statements may be used against you at hearing or trial, and the third person's testimony may be involuntarily compelled by subpoena.  Website visitors who are not my clients should consult with your attorney before talking.

        Twice said - Admissions made by a criminal defendant may be admissible in the prosecutor's case in chief.  Do not discuss a case or make any statements whatsoever with any law enforcement officer, prosecutor, witness, the other involved party  or any other third person. Prosecutors will not hesitate to file intimidation of witness felony charges, and your statements are admissible in a trial or motions hearing.  You have the absolute right to remain silent even if police don't tell you.  Exercise that right.  Consult with your attorney before talking. 

When the police contact you, don't try to explain the circumstances.  Stop Talking.
Simply say at the outset that you wish to remain silent & want an attorney.

        For more information, I have included an abbreviated summary of statutes regarding criminal sentencing.  It is not intended to be all inclusive, however does contain a summary of basic information pertaining to a range of relevant sentencing penalties. Summary - refer to

        Prostitution, CRS 18-7-201, is an offense involving moral turpitude.  R & F Enterprises v. County Comm., 199 Colo. 137 (Colo. 1980); see generally Annotation. 23 A.L.R. Fed. 480, 565 (1975).  Refer to potential secondary consequences and consider sealing criminal records.

QUICK SENTENCING GRID
CRS 18-1.3-503 Class 1 Petty Offenses
Classification - Presumptive Sentencing Penalties

QUICK SENTENCING GRID
CRS 18-1.3-501 Class 1 Misdemeanor Offenses

        Patrons, "gentlemen callers" or "johns" are now referring to themselves as "hobbyists" and many enter comments or ratings on various websites regarding performance of the "lady of the evening" whom they have visited.  Given the re-classification of patronizing a prostitute to class 1 misdemeanor for third offense, hobbyists may wish to reconsider their actions and proliferation or publication of their opinions.  This could become quite a costly hobby in terms of freedom and the pocketbook.  Three strikes and you're out amendment.

        For more information, I have included an abbreviated summary of statutes regarding criminal sentencing.  It is not intended to be all inclusive, however does contain a summary of basic information pertaining to a range of relevant sentencing penalties. Summary - refer to

        Prostitution is an offense involving moral turpitude.  R & F Enterprises v. County Comm., 199 Colo. 137 (Colo. 1980); see generally Annotation. 23 A.L.R. Fed. 480, 565 (1975).  Refer to potential secondary consequences and consider sealing criminal records.

        For more information, I have included an abbreviated summary of statutes regarding criminal sentencing.  It is not intended to be all inclusive, however does contain a summary of basic information pertaining to a range of relevant sentencing penalties. Summary - refer to

        For more information, I have included an abbreviated summary of statutes regarding criminal sentencing.  It is not intended to be all inclusive, however does contain a summary of basic information pertaining to a range of relevant sentencing penalties. Summary - refer to

CRS 18-7-206. Pimping. Any person who knowingly lives on or is supported or maintained in whole or in part by money or other thing of value earned, received, procured, or realized by any other person through prostitution commits pimping, which is a class 3 felony.

        For more information, I have included an abbreviated summary of statutes regarding criminal sentencing.  It is not intended to be all inclusive, however does contain a summary of basic information pertaining to a range of relevant sentencing penalties. For a summary - refer to

        Prostitution is an offense involving moral turpitude.  R & F Enterprises v. County Comm., 199 Colo. 137 (Colo. 1980); see generally Annotation. 23 A.L.R. Fed. 480, 565 (1975).  Refer to potential secondary consequences and consider sealing criminal records.

        Pimping statutes have withstood constitutional challenges on the grounds of equal protection, vagueness, overbreadth and economic association.  Examples would be People v. Stage, 195 Colo. 110 (Colo. 1978),  People v. Johnson, 195 Colo. 350 (Colo. 1978)

        Any person who knowingly lives on or is supported or maintained in whole or in part by money or other thing of value earned, received, procured, or realized by any other person through prostitution commits pimping, a class 3 felony.  A claim that defendant merely received money for use of the rooms, and not from any prostitution activity that occurred in the rooms is not legally sufficient to withstand a guilty verdict if defendant knows purpose of the business was about and encouraged prostitution.  People v. Cerrone, 867 P.2d 143 (Colo. App. 1993)

        In the case of pimping, which admittedly involves a prior act of prostitution, the offense occurs when the offender receives and knowingly lives on the earnings of the prostitute. Once this conduct occurs, no further act of the prostitute, discretionary or otherwise, is essential to criminal liability.  People v. Mason, 642 P.2d 8 (Colo. 1982); see also People v. Smith, 638 P.2d 1 (Colo. 1981); People v. Andrews, 632 P.2d 1012 (Colo. 1981).

        People v. Ganatta, 638 P.2d 268 (Colo. 1981)

        The Colorado Escort Service Code is contained at CRS §§ 12-25.5-101 -115.  It requires licensing of escort services, escorts and escort bureau runners.  Everybody involved must be of "good moral character", over age 18 criminal history checks will be run and prostitution is prohibited.  It's now a misdemeanor crime to engage in the escort business without a license or to violate any provision of the Escort Service code.  Written contracts for each individual service are required under CRS 12-25.5-112, and on a monthly basis escort services must turn over the records to authorities for scrutiny.  Patrons are gonna' love that.
 
        Law enforcement officers peruse known sites and will print the information contained in the web pages for use as prosecution evidence, which may include the identifying smiling face of the advertiser, services offered including reference to unlicensed escort services and pricing.  Defense counsel recommends that any such advertising should not exist unless it is an advertisement for lawful escort services pursuant to a valid license.  Also refer to gathering evidence by surreptitious means.

STATE STATUTE:  CRS 12-25.5-103. Definitions.
        (1) "Escort" means any person who, for a salary, fee, commission, hire, or profit, makes himself available to the public for the purpose of accompanying other persons for companionship.
        (2) "Escort bureau" means any business, agency, or person who, for a fee, commission, hire, or profit, furnishes or arranges for persons to accompany other persons for companionship.
        (3) "Escort bureau runner" means any person who, for a salary, fee, hire, or profit, acts in the capacity of an agent for an escort bureau by contacting or meeting with escort patrons whether or not said person is employed by such escort bureau or by another business or is self-employed.
        (4) "Escort patron" means any person who seeks the services of an escort, escort bureau, or escort bureau runner.

COLORADO SPRINGS MUNICIPAL ORDINANCE:  2.3.601 Definitions.
        ESCORT: Any person who for a salary, fee, tip, commission, hire, profit or other consideration makes oneself available to the public for the purpose of accompanying another person for companionship, or agreeing or offering to privately model lingerie or to perform private erotic dancing for another person.
                          Note:  Colorado Springs Municipal Ordinance has a definition expanded beyond that of the Colorado State Statute.
        ESCORT BUREAU: Any business, agency or person who, for a salary, fee, tip, commission, hire, profit or other consideration, furnishes, offers to furnish, advertises to furnish or arranges for persons to accompany other persons for companionship, or who, for a salary, fee, tip, commission, hire, profit or other consideration furnishes, offers to furnish, advertises to furnish or arranges for persons to model lingerie privately or perform private erotic dancing for another person.
        ESCORT PATRON: Any person who has attained the age of eighteen (18) years or more or any person under the age of eighteen (18) for whom the parent or legal guardian consents in writing, who seeks the services of an escort, escort bureau or escort service runner.
        ESCORT SERVICE RUNNER: Any person who, for a salary, fee, tip, commission, hire, profit or other consideration, acts in the capacity of an agent for an escort bureau by contacting or meeting with escort patrons whether or not the person is employed by the escort bureau or by another business or is self-employed.
        LICENSED PREMISES: Any discrete, identifiable location at which a licensed activity is permitted and, in fact, is conducted under the authority of any one license.

        The Gazette-Telegraph closed out "escort" classified ads years ago.  Attorney on-line search 9/30/2010 & subsequent of the Independent classified ads for "adult" or "escort" produced no results; it appears this category of classified ad was similarly closed out.  Simply advertising an escort service can place a person in significant difficulties if the advertiser doesn't possess an escort bureau license.  This applies not only to hard copy publications, but also to various internet sites which are notorious for adult services advertising, such as TOB The Other Board, TER - The Erotic Review, Craigslist, Verified Playmates, SoWet, Escort Photos, Backpage, FreePostSite, Naughty Reviews, or Colorado Adult Open Directory.  Numerous other sites exist.  Law enforcement officers peruse these or other known sites and will print the information contained in the web pages for use as prosecution evidence.  Simple click-print & evidence gathering would commonly be accomplished before initial contact to avoid subsequent web page deletion - destruction of evidence.  Rather convenient for VNI agents to have auto-dated evidence which may include the smiling face of the advertiser for patent identification, nude or suggestive evidentiary photographs, along with text which advertises unlicensed escort services or unlicensed massage services, perhaps pricing for services or hourly fees and verbiage which may border on blatant solicitation for prostitution.  Internet posting leaves a digital footprint.  From the perspective of defense counsel preparing a case for trial, it would be preferable that no such advertising exists unless it is an advertisement for lawful escort services pursuant to valid license.  Also refer to gathering evidence by surreptitious means.

        Conducting an on-line database search of an email address or a telephone number (hardline or cell phone) takes a bit of time but is not rocket science.  Commencing with merely an email address or a phone number, database searches can produce the below information.  Counsel has the capability 24/7, and VNI detectives are both aware of available internet and government databases and as well as have the capability for on-line searching.

                Jail sentence to home detention (ankle bracelet) is not prohibited, but is unlikely
                The Court may impose any other condition reasonably related to rehabilitation. 
                A period of probation would not be uncommon.

                Jail sentence to home detention (ankle bracelet) is not prohibited, but is unlikely
                The Court may impose any other condition reasonably related to rehabilitation. 
                A period of probation would not be uncommon.

Potential Defenses

The most common defenses to a charge of this nature would be factual - that the alleged acts or statements did not occur or that which may have occurred does not fall within prohibited conduct as defined by statutes or ordinances.  For common legal defenses, refer to:

       1.  Entrapment
       2.  Law Enforcement Outrageous Conduct - Due Process Violation
       3.  Jurisdictional Attack

Perhaps you have come from a locale where prostitution is legal.  This is Colorado where it is a crime.  Belief that it should be legalized or arrival from a jurisdiction where permitted are neither affirmative defenses, nor mitigating circumstances, nor relevant.  That's just the way of life in Colorado.  Recognize that fact or be prepared to retain a criminal defense attorney.

 

PROSTITUTION CRIMINAL DEFENSE and potential secondary consequences DO I NEED AN ATTORNEY?
Do I need an attorney?	Probably time to loosen the pocket book and hire a defense attorney.
	Prostitution and related charges or pimping allegations can have very serious, long term consequences well beyond the sentencing order of the judge.
	Background check examples: post secondary educational program acceptance, employment, security clearance, professional licensing CRS 24-72-305.4, volunteering at your child's or grandchild's school, daycare or social group activities such as boyscouts, girlscouts, etc. CRS 24-72-305.3, caregiver functions, CRS 24-72-305.3, foreign travel visa, firearm purchase (gun collection, hunting or target practice) Federal Brady Bill, concealed weapon permit - this mentions only a few common possibilities.
	Adoptions - step parent adoption, relative adoption or straight adoption - mandatory background checks of DHS TRAILS, CBI and FBI are required.
	Every arrest with jailhouse booking results in a report to the Colorado Bureau of Investigation CBI Central Registry.  Background check of this database can be conducted by anyone at any time - CBI records check database is not difficult to find.
	Every prostitution criminal case court filing results in records with the law enforcement agency, prosecution records and court records.  State judicial records can be checked via LexisNexis or CoCourts and Denver Court.  Municipal courts are not yet on-line, but accessible to the public with a phone call or written request under the Colorado Open Records Act - CRS 24-72-200.1, et. seq. or the Colorado Criminal Justice Records Act - CRS 24-72-301, et. seq..
	Throughout this webpage, potential forfeiture civil lawsuit has been addressed.  That's a very real possibility, including service of process at a most inconvenient time or location.
	C.R.Civ.P.4(e) Personal Service. Personal service shall be as follows:      Upon a natural person whose age is eighteen years or older by delivering a copy thereof to the person, or by leaving a copy thereof at the person's usual place of abode, with any person whose age is eighteen years or older and who is a member of the person's family, or at the person's usual workplace, with the person's secretary, administrative assistant, bookkeeper, or managing agent; or by delivering a copy to a person authorized by appointment or by law to receive service of process. **  C.R.Civ.P.304(d) - county court rules - in accord
	Personal service at one's place of employment is inconvenient, particularly if one's secretary is served.  Has that happened to one of attorney's former clients?  yes
	Personal service upon an adult living at one's residence (the wife) is inconvenient.  Has that happened to one of attorney's former clients?  yes
	Publication.  In the mid 1980s after a criminal case was successfully concluded with sealing eligibility, the DA Office forfeiture division commenced a civil lawsuit against my client seeking the $124.80 fee paid to an undercover female officer allegedly for prostitution services to be rendered.  The DDA attempted but couldn't get personal service of process upon the gentleman who lived in a very small berg out in the western slope toolies.  The DDA didn't call me as former counsel of record in the criminal case to determine whether the man would cooperate and waive service of process in the civil case.  The DDA elected service by publication in the neighboring hub newspaper, a paper of general circulation as notice required by CRS 13-1-125 and C.R.Civ.P.4(g), C.R.Civ.P.304(f).  DDA followed legal protocol and acted within ethical bounds.  Everyone in the area read the paper & knew everyone else's business.  12 gauge shotgun; the client committed suicide.  As of 6/2011 the prosecutor remains with the DA Office, and remains both ethical and aggressive.
	DDAs handling forfeiture lawsuits rotate and new hires come in.  There is no means for any attorney to notify a forfeiture DDA that the private attorney is willing to assist in waiver of service of process to avoid personal service or publication.
	Sealing civil court records is most difficult.  No sealing statute exists for civil court records.  As a protection to civil liberties, our judicial system was founded upon open courts and open court records.  Hopefully no civil forfeiture action will be brought, but if so, sealing civil court records is a an uphill battle which should be fought.  Refer to the sealing link for information, and refer above regarding ease of court records search.
	If married, a prostitution charge would likely be a significant withdrawal from the First Marital Fidelity Bank and Trust.  A spouse can be a stringent fidelity account manager - dissolution of marriage may be a concern.
	Websites offering prostitution services may be glamorous, titillating or exciting.  Publishing reviews of services received may give a fellow some sense of empowerment or importance.  However, circumstances surrounding prostitution which attorneys see are neither pretty, nor exotic nor fun.  I assure you this is not a game - it's a costly world of hurt for a defendant service provider or patron.  That's where counsel steps in addressing each legal difficulty or issue which may be encountered.
	Prostitution and related offenses are considered to be crimes of moral turpitude which may have significant secondary repercussions.  Your ultimate goal should be case conclusion with eligibility to file a petition to seal criminal justice records.  Dismissal or not guilty verdict is insufficient.  Criminal justice records must be sealed to avoid potential secondary consequences.  This is simply beyond the ken of most laymen.  If you'll ever need an attorney in your life, now may be the time.  You may retain my services or the services of another attorney, but hire competent defense counsel.