Blogs from December, 2022

Sometimes, it’s not enough for something to be illegal on its own. Police can arrest you for one crime, trying to prevent another.

Recently in Virginia, police conducted a large prostitution sting, claiming that it was an effort to shut down human trafficking. The flaw in this logic is evident once you think about it. Instead of spending its resources on tackling modern slavery directly, the police focus on something that might be linked to human trafficking. They would rather go after consenting adults involved in a financial transaction.

Furthermore, the department can use this sting as a public relations stunt. This operation will make it look like they are concerned about human trafficking without really facing the issue head-on.

In this article, we will broadly discuss Virginia’s prostitution laws and provide defense strategies against alleged offenses.

What Qualifies as Prostitution?

Put simply, prostitution is directly offering sex acts in exchange for money. Technically, the crime is in making the deal. Once one person overtly offers sex for money or the other person agrees to pay for sex, they have broken the law.

How Do Police Make Prostitution Arrests?

Cops can use many methods to accuse someone of prostitution, most of which involve undercover work.

• Police can pose as either prostitutes or “johns” (the person paying for sex). They can make or accept offers, depending on the situation. When posing as prostitutes, they can simply engage in “streetwalking,” where they dress in a way that makes people assume they are prostitutes. If someone stops and asks for sex, the police can easily secure their arrest from there.
• Law enforcement can place coded, online ads, either as prostitutes or johns. Popular sites include Backpage and Craigslist. Transactions like these often take place in hotel rooms. The undercover officer will be in one room, with the rest of the team in the other. When the undercover cop gives the word, the team can rush in and make the arrest.

Virginia’s Prostitution Penalties

The crime is a Class 1 misdemeanor, the highest of its kind. It can result in up to 1 year in jail and fines up to $2,500. Alleged repeat offenders can face higher penalties the more they are charged.

Defenses Against Prostitution Accusations

Insufficient Evidence

Remember, the crime rests within the actual conversation between the prostitute and their customer. Police often do not record this conversation, so you can refute that the offense ever took place. At that point, the case becomes a “he said, she said” situation, which could sow enough doubt in your case to secure your release.

You Did Not Make the Request

Words on paper are not the same as words spoken aloud. People use tone of voice and facial expressions to convey irony or sarcasm, meaning that they don’t really believe what they are saying. If a playful joke was misinterpreted as a sincere request or offer for sex, you can explain this situation to the court.

Entrapment

An undercover sting is not the same as entrapment, and police are allowed to lie about being cops.

Entrapment is more complicated than that. Essentially, it is a process where the authorities lure you into committing a crime you wouldn’t have committed otherwise.

Traditionally, entrapment is difficult to prove in court, especially in a prostitution arrest. Entrapment does, however, happen in these scenarios. For instance, an undercover officer could offer a potential john sex for money. The john refuses, but the officer keeps working in the same location.

Day after day, the undercover cop coaxes the same person, trying to get them to make an offer. Eventually, the john gives in, and suddenly finds themselves under arrest.

If you believe you were a victim of entrapment, tell your attorney every detail of your case. They can help you decide whether you have a strong claim or if you should attempt a different defense strategy in court.

Our firm is here to help defend you against prostitution charges. If you’re facing this accusation, fill out our online contact form or call us now at (757) 267-4949.

Being accused of possessing or viewing child pornography is a horrible experience. It ruins reputations, and the alleged offender can lose their job or even their housing. Furthermore, they may be forced to register as a sexual offender, limiting where they can live. All these consequences can be heaped on someone who never laid a hand on a child.

In this article, we will broadly explore the topic of child pornography allegations, specifically how they relate to Virginia citizens.

4 Ways You Could Be Falsely Accused of Child Pornography

1. Hacking

These days, simply scrolling through the internet is risky. Many websites can attach themselves to your browser, downloading and uploading material without your knowledge. This problem compounds if you visit sites featuring adult material with people engaged in consensual acts.

Furthermore, some unscrupulous actors specifically target people in internet blackmail schemes. They can place files onto your computer without your knowledge and hold you hostage with those files later.

With all this activity, you’re never fully sure of what’s on your computer or phone. It’s important to regularly run virus checks on your computer. These programs can help clean out unwanted files you never asked for, keeping you free from ugly legal problems.

2. Metadata

Metadata is extra information attached to a file. With images and videos, metadata can tell you when the file was created, who created it, where it was created, and so on.

Clever hackers can manipulate this data, creating false origin points. Doing so can implicate people who were never involved in creating or distributing these files.

3. Juvenile Communications

Age of consent laws get fuzzy as people enter adulthood. For instance, some states allow an 18-year-old to be in a consensual relationship with someone a couple years younger. Others draw a hard line at 18.

Virginia is one of these hardline states. Technically, it is unlawful for someone who just turned 18 to be in a sexual relationship with someone just one month younger.

This standard creates a problem when it comes to child pornography. Imagine an 18-year-old who shares sexual images with their 17-year-old boyfriend/girlfriend. The images are completely consensual, and no one is distributing or selling them. Technically, an angry parent could accuse the young adult of child pornography.

4. Misunderstood Images

We live our lives on social media. People post pictures of their children or even create separate profiles just for that purpose.

Completely innocent images could be misinterpreted by overzealous followers. They could accuse you of distributing child pornography, leaving you to wonder how you got into this situation.

Virginia’s Child Pornography Penalties

The state recognizes two different offenses: possession and distribution. Penalties grow more severe with each passing offense.

Possession

A first offense is a Class 6 felony. A guilty sentence can result in up to 5 years in prison and fines up to $2,500.

For a second offense or more, alleged offenders are charged with a Class 5 felony. Punishments include up to 10 years in prison and fines as high as $2,500.

Distribution

Distribution of child pornography is a more severe offense than possession. The law wants to stop the issue at its source, and it assumes that the distributor was somehow involved in creating the material.

A first-time offender faces an “unclassified” felony. If convicted, they could spend up to 20 years in prison. When the crime involves a website that takes in money to view the illicit images, the charge becomes a Class 4 felony, with prison terms of up to 10 years and fines up to $100,000.

If convicted two or more times, the penalties remain mostly the same, except there is a mandatory 5-year prison sentence.

Our firm is here to help defend you from criminal allegations. We will listen to your side of the story, and we will dedicate ourselves to helping preserve your innocent. For a free consultation, call us today at (757) 267-4949 or contact us online.

Child custody cases are often viewed as two parents contesting how they try to convince the court to consider their rights and interests. But in reality, child custody cases are between three parties - the two parents and the children. Each parent is strongly encouraged to obtain their legal representative in a child custody case to argue and fight for a favorable outcome. However, children do not hire their legal representative to argue for their interests. Instead, the court-appointed Guardian ad Litem will look into a child custody case and make proper recommendations on what outcome is in the child’s best interest.

What is a Guardian ad Litem (GAL)?

The term Guardian ad Litem is translated to mean a "guardian for the lawsuit." Typically, a Guardian ad Litem are individuals, generally lawyers, that the judge of a family custody case appoints to do the following:

• Protect the rights and interests of the child;
• Conduct independent investigations and interviews;
• Provide the court with a report that analyzes the best interests of the child; and
• Participate in court hearings or mediations representing the interests of the child.

The Commonwealth of Virginia relies on the Guardian ad Litem to provide an independent recommendation to the court on what is best for their client, which is the child, which may not necessarily be what the child would want. This means that a Guardian ad Litem has to assess the family dynamics and the child's needs instead of simply taking in the child's preference.

It is essential to understand that a Guardian ad Litem only represents the child in the case and not either parent, even if the child is under the custody of one of the parents.

Why Does My Guardian ad Litem (GAL) Not Like Me?

There are numerous reasons why you might have a tense relationship with the appointed Guardian ad Litem or if you feel they might not like you or perceived not to like you. Some of the possible reasons for a challenging relationship with your Guardian ad Litem could be one of the following:

• If the GAL feels that you are not cooperating with them;
• If the GAL perceives that you do not respect their role in the child custody case.
• If the GAL determines that you are coaching your child on what to say to them or the court;
• If you send numerous texts and emails or call the GAL constantly without respecting their time or boundaries;
• If the GAL determines that you are not receptive or responsive to the needs of the child or the requests of the court; or
• If you are not prepared with the documents the GAL or the court has requested.

Should I Get Legal Counsel Even If a Guardian ad Litem (GAL) is Assigned to My Child Custody Case?

Absolutely. You should obtain legal counsel even if the court assigns a GAL to your child custody case.

In your child custody case, obtaining legal representation for your interest as a parent is vital. A Guardian ad Litem is not a lawyer that will represent your interests and rights as a parent. Instead, the court-appointed Guardian ad Litem is tasked to ensure that the rights and interests are represented solely from your child's perspective. The Guardian ad Litem will not consider the interests and rights of any parent. Hence, each parent must have a lawyer representing their respective interests. In addition, a lawyer representing your rights and interest can help you navigate how to deal with a Guardian ad Litem.

Does an Appointed Guardian ad Litem (GAL) Have Any Role in The Outcome of My Child Custody Case?

Yes, a Guardian ad Litem has a significant role in the outcome of a child custody case.

Even though a Guardian ad Litem is not a judge in your child custody case or a lawyer for the parties, they play a vital role in the child custody process and, ultimately, the case's outcome.

As noted above, a Guardian ad Litem is appointed by the court to assist them in the decision-making process by recommending what is best for the child based on the independent investigation they have conducted.