UPPA & Attempted Prostitution

What is the name of your state? Oregon

I was given an initial citation of UPPA (Unlawful Prostitution Procurement Activity). When I went to court, they tacked on an addition charge of Attempted Prostitution.

I was in an area where they were doing an undercover sting. I parked my car a block and a half away from where she was standing getting ready to go to a bar. In the police report, it stated that I almost ran her over crossing the street because I didn't see her nor was I paying any attention to her. She walked the block and a half, opened my car door and stated that she doesn't get into cars but she has a place around the corner. I initially took a pass and turned her down. I thought she was a normal girl checking out the car or need a ride somewhere (Bars are all over the place). I drove back around, reengaged her and asked what she was up to. She said nothing just trying to make some cash. I said lets go back to her place. She stated that she doesn't do anything without know what she is going to be doing. I started putting 2 and 2 together, figured she was a real prostitution and left the scene. Police picked me up 3 blocks away and asked me if I wanted to "go to jail or go home" I choose home and he cited me for UPPA and gave me an exclusion from sections of town. I was never taken to jail, fingerprinted, car towed, ECT. Looking at the ticket, only a custody report was done, no video evidence. There was no talk of sex or money or sex in exchange for money. There was no intent to have sex with her.

I appealed the exclusion but they came back and said it was voided (Still trying to find out why it was voided) so I don’t have to worry about that. I Went to court and noticed that they tacked on Attempted Prostitution on top of that. I asked for more time to consul with others on my case.

Any advice is grateful.
Thanks.

I'd suggest hiring a lawyer for these cases, even if they're fine-only (no jail time). (If they're jailable offenses, you need a lawyer.)

You don't want convictions for anything having to do with prostitution following you around.

If you're not sure what the possible penalties are, call a couple of lawyers in your town. They should be able to tell you.

Any other advice?

Stay away from prostitutes!

Are you contemplating defending yourself?

I am thinking about it. Trying to weight out my options. Not in a good position to pay for a lawyer.

Well, if it's a jailable offense, the court will provide you a lawyer, if you can't afford one. If they're fine-only, you're free to represent yourself.

Though I wouldn't recommend it - not because of the fine, but because you don't really want to put yourself in a position where you have to tell someone - employer, landlord, girlfriend, whoever - that you've been convicted of a prostituion-related offense.

I can't give you any advice about the specific charges, because I'm not from Idaho, and I'm not familiar with the statutes. (I've never heard of anyone being charged with attempted prostitution before - around here, there's either offer & acceptance, and they arrest you, or there's not, and they let you go.

Apparently Idaho has some different laws than the ones I'm used to.

First of all, make sure you dress when you go to court. Coat and tie is preferable. Second, when you talk with the prosecutor remember it's a negotiation, just like any other negotiation. It's not so much a question of what's right (since you and the state are not liable to agree on that anyway), as it is what they can prove, and how much effort they're willing to go to do it.

It's worth your while to try to get some discovery, which will likely involve filing motions with the court. You want a copy of the video/audio, and a look at and/or copy of the police report. That'll tell you what evidence they have.

You need to compare their evidence to elements of the charge (the offense you're accused of committing) and find out if they have evidence to prove every element. If they don't, you have a good case.

When you talk to the prosecutor, see if they'll offer a deferred disposition (or whatever it's called in your state). If they will, might want to go ahead and take it, rather than going through the trouble, expense, and uncertainty of a trial.

A deferred disposition involves a short, informal probation, followed by a dismissal as long as you stay out of trouble and do whatever else they want you to do during that time (pay some sort of fee, community service, whatever.)

Well.. I picked up the discovery. There is no tape (Even tho a news crew was "embeded with them"). It was noted that only a custody report was done. I was never searched or patted down. My car was never towed. Just the basics ( name address DOB) and thats about it. Attached to that was the decoy's account of what happened that I detailed above. I also have a video of the TV news crew showing the decoy in action.
Looking at the statue, there was no talk about sex and/or money by me or the decoy and the only reason I retured was that she told me of a place that she was hanging out at thinking that she was walking home from a bar (Even tho she approched me after "almost running her over 2 blocks away")

Well, in your first post you said, "I drove back around, reengaged her and asked what she was up to. She said nothing just trying to make some cash. I said lets go back to her place."

So there was definitely talk of money, and "let's go back to (your) place," sounds a lot like "sex." Especially since she just told you she was "trying to make some cash."

Also, you said you thought she was a "normal girl" after she "opened (your) car door and stated that she doesn't get into cars but she has a place around the corner."

Is that what "normal girls" act like in Idaho? Because that's not how they act around here. I find it hard to believe you really thought that.

Bottom line, you need to think more about how you want to present your case, if you're going to represent yourself.

Oregon is a little different. I guess it is all in the way you spin it.

Kane said:

Is that what "normal girls" act like in Idaho? Because that's not how they act around here.

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I agree. Austin girls are a bit more subtle.

I should have said Oregon, not Idaho.

However, if that's how girls act in Oregon, maybe I'm living in the wrong state (j/k).

All you need is the car and the looks.. Look what happened to me...

InADaze said:

All you need is the car and the looks.. Look what happened to me...

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Don't flatter yourself, were talking about a prostitute. All you need is $$$$$

and need I remind you, the following is what happened to you:

he cited me for UPPA and gave me an exclusion from sections of town. ~ and ~ they tacked on Attempted Prostitution on top of that.

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