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?

Asked on 2/19/14, 7:09 am

1 Answer from Attorneys

Jeffrey Brashear The Brashear Law Firm, PLLC

Based on the information you have provided regarding your husband's pending legal matter, there are a number of questions which will need answers to in-order to assist you. First, which court is handling your husband's case (e.g., court number or judge's name)? Second, explain in specific detail the events which lead up to these criminal allegations? Third, does you have any prior arrests, criminal charges or convictions - if yes, for what, when did they happen and what was the outcome of each? Fourth, what did the police say to you husband? Fifth, what did your husband say to the police? Sixth, how soon would you like to get this over with? Seventh, where specifically did this undercover cop approach your husband? Eighth, what would you like to see happen with your case? Nineth, how, where and when did you get the store video? If you will provide me these answers it will allow us to have an informed conversation.

Your husband needs assistance with these types of cases. Typically, these sting operations are set up and ran to bring in multiple alleged defendants who are not guilty of the alleged prostitution solicitation. There is an opportunity to get the matter dismissed without the necessity of trial. In order to complete such, your husband will need a law firm who has tried cases and not a plea bargain attorney. 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, 8:02 am

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