Legal Question in Criminal Law in Texas

My husband was arrested on 1-31-14 for Prostitution - public offer to an undercover cop. My husband had gone to the gas station to get gas for the lawnmower because he was going to do our lawn. It was 11:30 in the morning and he had gotten off work early. He called me to tell me he was going home. I have the video from the gas station, showing that my husband passed up the officer on his way into the store and then started passing her up on his way out and she said "what's up" to him on his way in. On his way out she said again "what's up" and he kept walking and she kept walking behind him trying to get him to stop. She then asked him if he needed sex full service. He asked "how much" she replied "$35." and he nodded ok or might have said it but then stood there talking to her for 3 minutes. He asked if she lived by there, he asked if she was a cop she said no and asked if he was. My husband says he didn't try to negotiate price during their conversation, he didn't ask her how much for any other service. Nothing like that was discussed. After 3 minutes she asks him "what you think, yes or no" He replied "ok" then she asked if he had a condom, he said no, she said she would go get one and he quickly walked away to his truck to leave, when he got arrested. If the video shows that his intent for being at the store was not to solict sex do we have a chance of claiming "Entrapment" if she tried 2 different times to get his attention and he kept walking. He statement on the paperwork says that "he approached her and asked her how much for service" and then they agreed on $25.00. If her statement does not match what the video shows, is there a chance to getting the charges dismissed--First, which court is handling your husband's case (e.g., court number or judge's name)? - county court-- Second, explain in specific detail the events which lead up to these criminal allegations? My husband was putting gas in a gas gallon and left the gas station. Then realized he left his phone on the back of the truck bed and drove back to the store and parked on the side of the store, looked in the back of the truck bed and found the phone. He thought if it wasn't in the bed of the truck, it might have fallen at the pump, so he drove back. After he found his phone he went inside the store and bought a juice. ON his way into the store, the police officer dressed in casual jeans and white t shirt and boots, with a bandana on her head, asked him, "what's up" and then read above on the other stuff. Third, does you have any prior arrests, criminal charges or convictions - NO he does not have any prior arrest. Fourth, what did the police say to you husband? Fifth, what did your husband say to the police? - DON'T KNOW exactly what was said. Sixth, how soon would you like to get this over with? We want it dismissed so it doesn't matter how ever long it takes. Seventh, where specifically did this undercover cop approach your husband? SHE WAS STANDING on the side of the store just loitering. He walked by her to get into the store and didn't even talk to her. Then when he walked out, he again ignored her and she again started approaching him and he kept walking as to get away as she talked but then she asked about needing full service and his dumb self asked HOW MUCH. Then he asked if she lived by there, she said no, then he asked if she was a cop, she said no, are you. Then he kept quiet and staring into the freeway and she asked why was he staring into the freeway. that he was making her nervous and he said just looking at the cars. (my husband does not speak English too well. It is very very minimal what he understand.) Eighth, what would you like to see happen with your case? Nineth, how, where and when did you get the store video? The STORE PEOPLE gave me a copy of the video because I wanted to know what exactly happened. If I would have thought he was guilty I would not have bailed him out. I am very much against that.

Asked on 2/19/14, 8:21 am

1 Answer from Attorneys

Jeffrey Brashear The Brashear Law Firm, PLLC

Based on the more detailed response you have written, it appears that your husband has a good case to show why he did not commit solicitation of prostitution as alleged by the police and district attorney's office. Furthermore, your more detailed response appears to show that the police's sting (undercover) operation may be using/implementating extremely questionable tactics to lure and/or entrap people into these charges. You and your husband should seriously consider hiring a law firm who has the experience to properly represent and protect your husband's rights which appear to have been violated in this matter. The above response given is not intended to create, nor does it create an on-going duty to respond to questions. Additionally, the response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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Answered on 2/19/14, 8:40 am

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