Prostitution and Solicitation

In Michigan, it a crime to either engage in the act of prostitution or to solicit, or offer to engage, another for the purpose of prostitution. Upon conviction under either scenario, a person faces possible jail and a criminal record that is a lifetime source of humiliation and shame. In addition, any motor vehicle involved in these offenses may be seized and forfeited by law enforcement. Cases involving solicitation or offer to engage are more prevalent in the City of Detroit than anywhere else in Southeast Michigan.

Contact ABDO LAW if you have been charged with any act of prostitution or solicitation. We know that you are embarrassed and most worried about others finding out about your situation. Let us explain how we can handle your case discreetly, get you through the court system efficiently and avoid a stigmatizing conviction. Servicing All courts in Wayne, Macomb, Oakland and St. Clair, Call: 586-412-5555.

Pursuant to MCL 750.449a, it is a misdemeanor, which can carry 90 days in jail, for a person to engage or offer to engage the sexual services of another for money. Upon conviction, there is no requirement of registration pursuant to the Michigan Sex Offenders Registration Act.

Offering to engage the services of a prostitute in the City of Detroit carries 45 to 90 days in jail pursuant to ordinance section 38-9-5. The Detroit ordinance, found under the title Indecent and Immoral Conduct, states as follows:

• It shall be unlawful for any person to engage, or offer to engage, the services of another person for any act of prostitution.
• It shall be unlawful for any person to aid, assist or abet another to commit any act prohibited by subsection (a) of this section including, but not limited to, aiding, assisting or abetting by receiving or admitting or offering to receive or admit any person into any public place, or any other place, for any purpose prohibited by subsection (a) of this section, or to knowingly permit any person to remain in any such place for any such purpose.
• Upon conviction for violation of this section, the court shall: Sentence the defendant to a term of imprisonment for a minimum term of forty-five (45) days and a maximum term of ninety (90) days; and impose a fine of five hundred dollars ($500.00).

Detroit’s ordinance is tougher than the State of Michigan law for the same conduct. The City of Detroit Police has an ongoing undercover sting operation whereby female police officers are used as decoys in areas of known prostitution activity. The undercover officers, impersonating prostitutes, are connected by wire to a back-up surveillance unit. When an unsuspecting male solicits the undercover officer (offer to engage/money for a sexual act) an arrest is made the motor vehicle used by the suspect is seized and impounded.

Charges for solicitation, or offer to engage, are handled in the 36^th District Court. The court is located at 421 Madison, Detroit, Michigan 48226. You will be expected to appear in court for an arraignment where you will be advised of the charges and the court can consider bond conditions while the case is pending. The legal system can be frustrating and intimidating. Do not hesitate to take advantage of the services and skills of a criminal defense attorney to assist you with your case. Our experience handling these cases has been positive to the extent that jail is avoided and the matter is amended to an unrelated offense without sex crime designation.

Motor Vehicle Seizures: Law enforcement officers, acting as prostitutes, typically operate in areas of motor vehicle traffic. The undercover officer may ask the motorist to pull down a nearby side street to talk. The undercover officer is linked by a wire with a surveillance team that will close-in when they believe the crime of OTE (offer to engage) has been committed. The motor vehicle is considered to be involved in the crime even though the accused party only talks to the undercover officer from an open window of the vehicle. The motor vehicle is then subject to seizure and impoundment. There are rules for getting the vehicle returned. In Detroit, the Wayne County Prosecutor’s Office handles motor vehicle seizures and will enter into a settlement to release the vehicle for approximately $975.00. The offender will also be responsible for towing and impoundment costs.

The question of entrapment is raised in cases when law enforcement officers pretend to be engaged in an illegal scenario for the purpose of tricking someone to commit a crime. The mere fact that law enforcement officers are engaged in sting operations does not mean that the defense of entrapment is applicable. Entrapment can be raised as a defense to beat a case if it can be shown that the government (the police) engaged in impermissible conduct to urge, or strongly encourage, an otherwise disinterested honest person to commit a criminal offense.

Our criminal defense lawyers have an excellent record in getting a prostitution related criminal case under control. In most cases, we are able to get the offense amended to a non-sexual related crime and avoid any jail. If the case is weak or entrapment is a viable defense, we will schedule the case for trial and fight for a not guilty verdict. Our goals are to maintain a client’s privacy and sanity while attempting to keep the consequences down to a minimum. We have met these goals for numerous clients who live in Michigan, Canada or another state and find themselves in need of a lawyer in every Metro Detroit Court.

CALL Abdo Law for a FREE CONSULTATION. We offer same day appointments or jail visits if necessary. Phone messages after business hours are forwarded to our attorneys 7/24/365. Payment plans and all credit cards accepted.

CALL: Metro Detroit: 586-412-5555 or Toll Free: 844-Got-Abdo