Massachusetts Criminal Defense Attorney Blog

According to at least one person Kimberly Pietrini and Hassan Wilkes were on vacation and staying at a Framingham, Massachusetts motel. Why Wilkes was at a Dunkin Donuts near the motel Pietrini met with a man who responded to her backpage.com advertisement. The man met Pietrini at the motel. He assured her that he was not a cop. A fee arrangement was made and Pietrini told the man to place his money on a night table and take his clothes off. Unbeknownst to Pietrini, the man was an undercover police officer. She was arrested and charged with Prostitution. At the same time, Pietrini was getting texted by Wilkes. Police found him at the nearby donut establishment. Wilkes denied knowing that Pietrini was working at the time. He did acknowledge that she works as a prostitute. Wilkes was charged with Conspiracy to Commit Prostitution and Deriving Support from a Prostitute. The charges are pending in the Framingham District Court. Pietrini pleaded guilty at her arraignment. She was fined two hundred fifty dollars.

Read Article:

http://www.metrowestdailynews.com/news/police_and_fire/x242155823/Two-arrested-on-prostitution-charges-in-Framingham

Depending on the accuracy and completeness of this article Wilkes might want to fight these charges. Deriving support from prostitution in Massachusetts is a violation of Massachusetts General Laws Chapter 272 Section 7. The crime is a felony and carries a state prison sentence if the district attorney indicts the case and prosecutes the charges in the superior court. To convict Wilkes the prosecution must prove the following beyond a reasonable doubt:

• That Pietrini engaged sex for a fee

• That Wilkes knew that she did so

• That Wilkes shared in her earnings from that act.

By all accounts Wilkes is guilty of no more than knowing that Pietrini was a prostitute. The prosecution can probably not even show that he knew that she was engaging in such an act while he was out of the room. As a Massachusetts Prostitution Defense Lawyer I am interested in knowing what the text messages from Wilkes to Pietrini said. If nothing inculpatory was texted that in all probably Pietrini would have to testify against him and it is highly unlikely that she would do so. Cases like this often go to trial and get dismissed on a motion for a required finding. Motions to dismiss can be filed and argued, and on occasion these can be successful in the district court. This is an alternative to trial and a good way to rid the court system of cases that have no viability. This tactic requires the right set of facts, the right judge and a defense lawyer who knows and is able to argue the law. It is abundantly clear why Wilkes chose to plead not guilty at his arraignment as opposed to Pietrini.

Continue reading "Prostitute Pleads Guilty At Arraignment In Framingham, Pimp Denies Claim He Derived Money From Prostitute" »

In a somewhat rare move local authorities have charged Dilip, Navin and Ashok Patel, owners of a local Days Inn with a criminal complaint that they permitted immoral conduct at their Methuen, Massachusetts hotel. According to a report in the Lawrence Eagle Tribune the hotel has been catering to drug usage, permitting minors to drink alcohol and for Prostitution. For nearly a four month period the Methuen Police have filed about twenty complaints at the hotel against various people. Efforts of the authorities to meet with the Patels have been fruitless according to the report. The Methuen police chief went so far as to say that the motel owners will not meet with the police. Here is a summary of some of the incidents alleged to have occurred at the motel recently:

• An underage drinking party in February wherein nine people under the age of twenty one were summonsed into court for a criminal application

• A March prostitution sting following complaints from restaurant customers in the motel. The customers were offered sex for a fee. Investigating the complaint officers set up an undercover operation. They met with two women who offered their sexual services. Both were arrested. During the arrest Cocaine was found in their possession. Criminal charges followed. There is a suggestion that a backpage.com operation has been run out of that establishment

• A baby was delivered at the hotel in a room in April and found dead in the room

• An investigation at the motel disclosed that an individual was using the establishment to Derive Support from a Prostitute (Pimping). The pimp was allegedly Distributing Class E substances as well

• There have been thefts from the bar at the hotel

• There have been fight in the bar resulting in Assault and Battery charges issuing

• There have been arrests made in the motel parking lot for Drug Distribution

• There have been charges of Domestic Assault and Battery filed as a result of incidents at the motel

• There was a death resulting from a drug overdose at the hotel

Read Article:

http://www.eagletribune.com/local/x1517686290/Police-Methuen-hotel-a-hotbed-for-criminals

It appears that the district attorney will prosecute this case under Massachusetts General Laws Chapter 140 Section 26. That law permits the prosecution of anyone who knowingly permits his motel to be used for "immoral solicitation" or "immoral conduct". A conviction for this charge can result in a one year jail sentence. This crime is a misdemeanor. The defendants' Massachusetts Criminal Lawyer will likely defend this case by arguing that the defendants did not know what was going on in their motel and that they never permitted that type of conduct. This case will be difficult for the prosecution to win. The fact that the defendants refused to cooperate in the investigation cannot be used as evidence of their intent. It cannot be used as evidence at all. Attributing knowledge to the owners might also be difficult if they were rarely on the premises. This article suggests that the motel was managed by someone other than the owners. That suggests that they had no idea what was happening when these incidents allegedly took place. Getting a conviction for these charges will be difficult if not impossible.

Continue reading "Criminal Complaint Issues Against Methuen Massachusetts Hotel Owners For "Permitting Immoral Conduct"" »

Jeanette Bearden of Carson, California was arraigned in the Lynn District Court yesterday after undercover police officers arrested her for Prostitution. Bearden, 44 had placed in advertisement on www.backpage.com in which she offered unspecified services. Responding to the ad were local police officers. One of the officers called the number listed by Bearden. Bearden referred him to her website which provided a service and rate chart. With a surveillance operation in place the officer went to Bearden's hotel room in Saugus, Massachusetts. She solicited him telling him that he would have to take his clothes off. The surveillance team entered the room and effectuated an arrest. The operation took place this past Wednesday. Bearden has been charged with Sexual Conduct for a Fee. Bail in the amount of two thousand five hundred dollars was set.

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Massachusetts Prostitution Defense Attorney

Backpage has become the most popular website for this type of activity. Its popularity has soared since Craigslist got rid of its domestic erotic services section back in September of 2010. Making arrests for this activity is relatively easy however curtailing the activity is not. You can read internet articles and see that arrests are made daily using the investigative techniques that resulted in Bearden's demise. However, compare this to the number of advertisements that are placed daily and you will see that eradicating this activity is impossible. Many of the people arrested in these operations are from out of state. They fly into a different city, set up their operation, work and leave after a short stay. This makes monitoring their activity difficult if not impossible. Prostitution laws differ from state to state. The prostitutes know this. Websites post comparative laws for prostitution convictions. This enables the more savvy participant the opportunity to keep his or her operation fluid and more likely to avoid detection.

Sex For a Fee in Massachusetts is a misdemeanor. There is a maximum one year house of correction sentence that can be imposed upon a conviction for the offense. For first time offenders a good Massachusetts Criminal Defense Attorney might be able to get the charges dismissed on court costs or convince the district attorney to agree to pre-trial probation. This makes your selection of a criminal lawyer all the more important. Before hiring a lawyer for a Prostitution in Massachusetts charge make sure that the lawyer has explained to you all of your rights and options. You also want to make sure your lawyer has experience in the court where you have been charged and that he or she has appeared before the judges who sit in that courthouse.

Continue reading "Prostitute Arrested In Saugus For Sexual Conduct For A Fee After Cops Respond To Backpage Advertisement" »

Acting on a tip police officers from Beverly, Massachusetts started investigating whether a local woman was providing Sex For a Fee. The woman ran an ad in backpage.com. The ad suggested certain services were available for certain prices. An undercover detective posing as a customer responded to the ad. He met with the woman who offered him her services. Backup officers heard the conversation via a transmitter. They entered the home and made an arrest. It turns out that a Peabody, Massachusetts police officer recognized a picture of the woman as someone who was warned by his department to stop posting such advertisements. Heeding the warning the woman moved from Peabody to Beverly. Officers from Danvers and Ipswich were involved in the investigation. At the time of the arrest heroin was found in the woman's apartment however no heroin charges were filed.

Read Article:

http://www.salemnews.com/local/x333452032/After-warning-woman-facing-prostitution-charge

Massachusetts Prostitution Laws

Prostitution laws vary from state to state. Each state authorizes a jail sentence for first offense convictions for prostitution. Similarly, every state permits incarceration for people who are customers. The Massachusetts laws make it a crime to ask for, receive or pay for sex. If convicted in Massachusetts there is a possibility of a one year jail sentence. Nevada is the only state that currently permits prostitution is some form. Each county in Nevada sets its own laws relative to prostitution. In 2009 Rhode Island repealed a law that permitted prostitution.

Continue reading "Beverly Massachusetts Woman Advertising Erotic Massages Charged With Prostitution " »

Leandra Patterson of Framingham was arrested last Wednesday night after police, acting in an undercover capacity learned that she had been offering Sex For a Fee. According to a report in the Metrowest Daily News, a Framingham Police Detective called a number listed on an internet website, backpage.com. The ad described a woman who assured satisfaction. The woman agreed to meet the undercover officer at an apartment on Worcester Road (Route 9). The officer arrived and a price of one hundred sixty dollars was requested for all inclusive sex acts. Patterson was then arrested. She had a loaded firearm in her bedroom and no FID card. The next night officers re-appeared at her home after another ad appeared on the same website. Patterson has been charged with Sexual Conduct For a Fee and Unlawful Possession of a Firearm and Ammunition.

Read Article:

http://www.metrowestdailynews.com/news/police_and_fire/x938335995/Framingham-woman-faces-prostitution-charges

Framingham, Massachusetts Prostitution Defense Lawyer

Massachusetts General Laws Chapter 272 Section 53A states that anyone who engages or offers to engage in a sexual act for a fee shall be punished by up to one year in jail. This crime is a misdemeanor meaning that there is no state prison sentence authorized. This crime is simple to prove and simple to defend. Either a jury believes that the accused had the intent to engage in the act or in fact did engage in the act, or it does not believe this to be the case. There is very little case law on the subject.

So how are these cases usually resolved? If Patterson does not have a criminal record an Experienced Massachusetts Criminal Lawyer should be able to have the charges continued without a finding. This would mean that if Patterson successfully completed a period of probation the case would be dismissed.

Continue reading "Framingham Woman Arrested On Gun Possession, Prostitution Charges" »

Michael Provencher was arraigned Tuesday in the Marlborough District Court on charges of Child Enticement. According to the Metrowest Daily News, Provencher girl under the age of sixteen received a text of a sexual nature from Provencher. It is alleged that the girl knows Provencher. Bail was set in the amount of two thousand dollars, a sum that Provencher posted.

Read Article:

http://www.metrowestdailynews.com/news/police_and_fire/x198685033/Marlborough-man-charged-with-sending-sexual-text-to-minor

Massachusetts Child Enticement Defense Lawyer

Child Enticement in Massachusetts is a felony. It is punishable by up to five years in state prison. The facts of this case suggest that Provencher will be prosecuted in the district court where the maximum he faces is two and one half years in the House of Correction. The law punishes anyone who the district attorney can prove beyond a reasonable doubt entices someone under the age of sixteen with the intent to violate one of several statutes; i.e. Indecent Assault and Battery, Rape, Statutory Rape, Prostitution, Child Pornography and more. Factual impossibility is not a defense to this crime meaning that you can be convicted in a sting operation using undercover decoys who are not under the age of sixteen. The law pertaining to this crime is broad and unforgiving. These cases are often difficult to defend and require the expertise of an Experienced Massachusetts Criminal Defense Lawyer. Never wait. Hire a lawyer now and start your defense.

Continue reading "Massachusetts Man Free On Bail After Being Charged With Child Enticement Through Texting" »

Victor Hugo Gomez and Carolina Magana, both of East Boston, Massachusetts were arrested and charged with Sex Crimes in Lynn, Massachusetts. The Lynn Item reports that in September Lynn police detectives were made aware of a Prostitution ring in that city. They learned that prostitutes of Colombian decent were being delivered to clients in a specified minivan. Undercover officers called a number given to them by an informant and requested that a prostitute be delivered to them at a specific address. Within minutes a minivan fitting the informant's description arrived. It was being driven by Gomez. Magana was in the back seat. Police identified themselves and Magana told the police that she and Gomez worked together and split the profits. A search of the minivan resulted in the seizure of a bag of condoms, some lubricant and cash. It was also determined that Gomez was an Unlicensed Driver. Gomez has been charged with a Motor Vehicle Crime and Derving Support from a Prostitute. Magana has been charged with Sex For a Fee. The case is being prosecuted in the Lynn District Court.

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Massachusetts Sex For a Fee Defense Lawyer

Massachusetts Prostitution Defense Law Firm

Deriving Support from a Prostitute is a felony under Massachusetts General Laws Chapter 272 Section 7. The law states that anyone convicted of this crime is subject to a five year prison sentence. Here, it is unlikely that Magana will testify against Gomez. Thus, the prosecution will have great difficulty securing a conviction. Massachusetts law states that driving a prostitute to particular location and either returning to pick her up or waiting for her does not amount to Pimping in Massachusetts. Absent some additional evidence the case against Gomez, if properly defended should be dismissed.

Continue reading "Boston Prostitute, Pimp Arrested And Charged With Sex Crimes In Lynn" »

Back in 2003, after receiving complaints about unusual activity in an apartment building Lowell Police began an investigation. They eventually learned that a woman, "Jane Doe" was running a prostitution ring out of her apartment. An undercover officer went to her apartment looking for sex. An arrest of a thirty eight year woman from Newton was made. She in turn told officers that she was hired by Doe as a prostitute. Apparently Doe was initially running her business in Maine. She moved to Lowell in 2000 when Maine police shut her down. Other reports have her working in Lowell since 1995. Doe also operated in Waltham and Methuen. She had as many as eight prostitutes working for her at one time. Doe defaulted in 2004. She allegedly confessed to having worked in the prostitution business for nearly thirty years. Charges of Deriving Support from Prostitution, Keeping a House of Prostitution and Procuring a Place for Prostitution are pending in the Lowell District Court.

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Massachusetts Prostitution Defense Attorney

The crime of Deriving Support from a Prostitute is a felony and punishable by up to five years in state prison. There is a two year mandatory minimum sentence for anyone convicted of this crime. There does not appear to be concurrent jurisdiction with the district court so there is a chance that this charge will either be dropped or indicted to the Middlesex County Superior Court in Woburn. The crime of Keeping a House of Ill Fame is punishable by a maximum sentence of two years. Procuring someone to Practice Prostitution also has a maximum sentence of two years. The article fails to state at which phase of the prosecution Doe went into default. If the witnesses are still available to testify against her and her confession survives a Motion to Suppress a plea bargain will likely follow. The severity of her sentence will depend on what charges the district attorney is adamant about prosecuting, the judge who presides over the case and the Experience of Doe's Massachusetts Criminal Attorney.

Continue reading "Maine Woman Facing Old Charges For Running Prostitution Ring In Lowell" »

Adrian Clarke of Boston and Lloyd Smith of Nantucket were charged in the Lynn District Court with Kidnapping and Raping a thirty two year old woman this past weekend. Bail for each was set at five hundred dollars. The Lynn Item reports that the woman, a prostitute was working in Boston Saturday night when she was approached by the defendants. She was forced into their vehicle and taken to a warehouse in Lynn. Both men forced her to have intercourse with them and to perform oral sex on them. They then put her back into the van and dropped her off at a street corner. The woman contacted the police who stopped the defendants in their vehicle. It is also reported that the defendants gave a different story. They negotiated a fee for her services. She agreed to go with them to Lynn. While on the way the defendants purchased some condoms. After engaging in the consensual, paid for sexual acts the victim fell asleep. She was then driven part way home but refused to get out of the car, offering to refund their money if they took her back to Boston. The defendants refused to do so. The charges are pending in the Lynn District Court. The prosecutor may choose to indict this case to the Essex County Superior Court in Salem.

Read Article:

http://www.thedailyitemoflynn.com/articles/2010/04/13/news/news05.txt

Lynn, Massachusetts Rape, Kidnapping Defense Lawyer

From the perspective of a Massachusetts Criminal Defense Attorney cases like this are difficult for the district attorney to successfully prosecuted. The "victim's" story sounds more like a failed business venture than a Rape or Kidnapping. There will possibly be a chain of evidence supporting either the victim or the defendant's story. There are cameras at toll plazas that might show where the woman was sitting the van and her demeanor. There may well be cameras at the store where the condoms were purchased either inside the store, in the parking lot or both. There will be evidence supporting or contradicting the stories that can be found at the warehouse. There might be cameras at the gas station in Revere where one of the defendants claims to have originally intended to drop off the woman. Any Massachusetts Criminal Lawyer with experience defending cases in Lynn and Essex County will look into these matters while defending his or her client.

Continue reading "Massachusetts Men Charged With Kidnapping And Raping Prostitute In Lynn" »

Rong Zhang was arrested at her Billerica, Massachusetts apartment and charged with Prostitution after police investigated incidents leading them to believe that she was running a prostitution ring from her home. The investigation started when neighbors complained about an unusual volume of activity at Zhang's home. Apparently men would enter the property and leave about one half hour later. Police began watching the apartment and confronted a man they saw leave and enter Zhang's home. The man said that he had responded to an add for a massage. Armed with that information the police, acting in an undercover capacity arranged for a massage of their own. When the officer entered the home he saw Zhang wearing seductive clothing. She started to negotiate fees for sexual acts. The officer then placed her under arrest. The case is pending in the Lowell District Court. Zhang has been charged with Sexual Conduct for a Fee.

Read Article:

http://www.lowellsun.com/local/ci_14503995

Lowell Prostitution, Sex For a Fee Lawyer

Provided Zhang has no criminal record it is likely that she will get out of this mess without a criminal record. First offense prostitution cases are either dismissed or continued without a finding. Hiring an experienced criminal defense lawyer in this area can help to secure such a result. The crime is a misdemeanor carrying a maximum one year jail sentence and no minimum sentence. The act does not have to occur for the prosecution to get a conviction. Zhang was released on her own recognizance suggesting that she has either no criminal record or a very insignificant history.

Continue reading "Woman Arrested In Billerica For Prostitution" »

On Saturday Min Deng was arrested and charged with Prostitution after Framingham, Massachusetts police responded to an advertisement on "craigslist" for "adult services". A Framingham police sergeant who was searching the website found a listing for the services. He responded and met with Deng at her apartment. Deng offered Sex for a Fee after which she was arrested. Deng's arraignment is set for February 17, 2010 in the Framingham District Court.

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Prostitution Charges For Woman Offering Massages Out Of Framingham Apartment

Prostitution in Massachusetts

Massachusetts General Laws Chapter 272 Section 53A makes Prostitution in Massachusetts a misdemeanor, punishable by up to one year in the house of correction. Massachusetts Criminal Lawyers with experience defending prostitution cases can usually get charges for first time offenders dismissed with court costs or continued without a finding. In this case it is interesting that Deng could not be arraigned because there was no Mandarin interpreter to translate the proceedings yet the officer investigating the case contends that she negotiated specific sex acts for certain fees. How did he know what she was saying given that she was offering massage services and a massage table was set up in the apartment. I am sure that Deng's lawyer will explore this issue in mounting a defense. Absent a lengthy criminal record I would not be surprised to see this case resolved favorably for the defendant.

Continue reading "Woman Living In Framingham Charged With Prostitution After Cop Responds To Advertisement For Massage Services" »

Last Friday the Massachusetts Supreme Judicial Court reversed a conviction for Attempted Rape of a Child. The facts of the case, Commonwealth v. Kerry Van Bell are as summarized as follows:

The defendant was the target of a sting investigation. An undercover police officer posed as a prostitute offering her foster child for sexual services to Van Bell. The officer called the defendant. The two agreed to meet. The officer was supposed to bring with her the child. The meeting transpired at a convenience store. No child was present. The officer asked for some money. The defendant refused to pay without seeing the child. Detailed negotiations followed. The office gave the child's location and a fee of two hundred dollars was negotiated. Backup officers were then contacted and the defendant was arrested as he was driving out of the parking lot of the convenience store. Van Bell admitted to police that he had negotiated to have sex with a five year old girl. He was convicted of several crimes, one of which was Attempted Rape of a Child.

Van Bell appealed his conviction to the Massachusetts Supreme Judicial Court. The conviction was reversed. The Court held that the prosecution failed to present sufficient evidence to show the Van Bell engaged in an "overt act", an element of the Crime of Attempt in Massachusetts. To be convicted of an Attempt in Massachusetts the prosecution must prove beyond a reasonable doubt 1) specific intent, 2) an overt act and 3) nonachievement of the crime. An overt act must "come near enough to the accomplishment of the substantive offence to be punishable." In this case the overt act was not legally established by the district attorney. Here is some of the reasoning. The defendant had never seen the child. He did not know the exact location of the child. He never followed the officer to the child's location and he never paid for the services. To satisfy this aspect of the statute there is a need to prove that the defendant was very near to the actual commission of the crime.

Continue reading "Massachusetts Attempted Rape Of A Child Conviction Reversed After Supreme Judicial Court Finds Insufficient Evidence" »

This past Tuesday undercover police officers responded to an advertisement on Craigslist suggesting that the author was offering Sex For a Fee. The solicitation was provided by Heather Robinson who stated that she would be available at a motel in Framingham, Massachusetts. Officers arranged to meet her at her motel. During the meeting Robinson would perform full service sexual acts for one hundred fifty dollars. Once the agreement was finalized Robinson was arrested. She has been charged with Prostitution in the Framingham District Court.

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Prostitution Charges Issue Against Woman Who Used Craigslist To Advertise For Sexual Services

So what will happen to Robinson? Well, assuming she has no prior criminal record and that she Hire an Experienced Massachusetts Criminal Lawyer she might be able to walk away from this case without a criminal record. A dismissal with court costs, pre-trial probation or a continuance without a finding are all possible dispositions in this case.

This case brings up an interesting question that is being litigated nationally these days. Is Craigslist responsible for creating a public nuisance or is it in violation of federal and state prostitution laws? Just yesterday in Illinois a federal judge dismissed a case being brought by the Cook County Sheriff complaining that Craigslist is a public nuisance and in violation of various laws pertaining to prostitution. The suit claimed in part that Craigslist "solicits for a prostitute...by arranging meetings of persons for purposes of prostitution." Similar lawsuits in other states are being filed as well. Craigslist has responded by making changes to its advertising solutions.

Continue reading "Woman Who Advertised For Sex Services On Craigslist Arrested In Framingham For Prostitution" »

Acting in an undercover capacity Salem, Massachusetts Police Detective Bill Jennings met forty six year old Lisa Anderson at her apartment posing as a potential client. Anderson had a website listing her services as an escort or companion. She greeted Jennings in a bra, thong and nylons. The two conversed and agreed on a price of two hundred dollars an hour for sex. Anderson was then arrested and charged with one count of Prostitution and one count of Using a Building for Prostitution. The case is being prosecuted in the Salem District Court.

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Massachusetts Woman Charged With Prostitution After Being Solicited By Undercover Officer

So what is Anderson looking at? Well, she is probable being charged under M.G.L. ch. 272 Section 53A making it a crime to engage in sex for a fee or to offer to do so. The maximum sentence is one year in the house of correction and/or a five hundred dollar fine. Using a Building for Prostitution is a crime pursuant to M.G.L. ch. 139 Section 4. The maximum sentence under that statute is three years in state prison, making this crime a felony. I would guess that if Anderson gets an Experienced Massachusetts Criminal Defense Lawyer and if she has no record or an unremarkable criminal record the district attorney will agree to dismiss the felony and continue the Prostitution charge without a finding.

Continue reading "Salem Massachusetts Woman Arrested For Running Prostitution Business Out Of Apartment" »

Over the weekend and undercover female police officer placed an advertisement on Craigslist offering sex in exchange for cash at a Worcester, Massachusetts hotel. The operation resulted in fifty arrests total, most from Massachusetts. The target of the prostitution sting was people who advertise sex for fee on Craigslist and the people who respond to those ads. The operation was conducted over a three day period at a Worcester hotel. Three such operations have been conducted since the fall. The names of all defendants have been published. The information obtained from the investigation was shared with Boston police.

Massachusetts Residents Arrested When Trying To Get Sex From Craigslist

Engaging in sexual conduct for a fee in Massachusetts is a crime pursuant to Massachusetts General Laws Chapter 272 Section 53. The law states that anyone who agrees to engage in sex for a fee or offers to pay for sexual favors shall be punished for up to one year in jail or by a fine of up to five hundred dollars. The sex does not have to occur for a person to be convicted of this offense. Typically people accused of this crime for the first time get their cases continued without a finding. However, it is becoming increasingly more common for law enforcement to publish the names of the offenders. This is designed to deter people from committing this crime.

Continue reading "5 Massachusetts Residents Caught In Prostitution Sting Using Craigslist" »