Prostitution Defense - Colorado Springs

 

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COLORADO SPRINGS TRIAL LAWYER
experienced and professional attorney - 30+ years private practice in Colorado state and municipal courts

ROBERT D. GUSTAFSON
  ATTORNEY AT LAW
6538 Charter Drive
Colorado Springs, CO 80918-1335

 

Phone (719) 260-1002
Fax (719) 260-1003  *  Toll Free (800) 410-1002
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COLORADO SPRINGS PROSTITUTION DEFENSE
COLORADO FELONY PIMPING CRIMINAL DEFENSE
Colorado Springs, El Paso County, Colorado
Pikes Peak Region  *  Surrounding Colorado Counties  *  Southern Colorado  *  Front Range  *  Continental Divide  *  Eastern Plains
representation inquiries are invited & welcome * public questions seeking free advice or information declined * consultation terms
 attorney does not accept installment payments  *  full payment is due at the time attorney is retained  *  major charge cards accepted
 

 
  HOMEPAGE INDEX
COLORADO SPRINGS PROSTITUTION CRIMINAL DEFENSE
COLORADO PIMPING FELONY CRIMINAL DEFENSE

 

PROSTITUTION - MISDEMEANOR
MUNICIPAL COURT
Surrounding Area
Municipal Courts
Surrounding Area
State Courts
Technological * Electronic
or Other Surveillance
Prostitution prohibited CRS 18-7-201 Prostitute making display CRS 18-7-207 
Soliciting for prostitution CRS 18-7-202 Pandering CRS 18-7-203
Keeping a place of prostitution CRS 18-7-204 Promoting sexual immorality CRS 18-7-208
Patronizing a prostitute CRS 18-7-205
Advertising prostitution - internet website or hardcopy publication
The Elephant in the Room
HIV VIRUS - AIDS - STATE COURTS
Acts by Prostitute
Acts by Person Patronizing a Prostitute
POTENTIAL DEFENSES
 
Entrapment Jurisdictional Attack
Law Enforcement Outrageous Conduct
Due Process Violation
 
OTHER POTENTIAL LITIGATION
hopefully these web pages will not be relevant to you
Nuisance Abatement & Forfeiture Forfeiture Civil Lawsuit
Injunction Civil Lawsuit Dissolution of Marriage
Demographics - Jury Selection Registered Sex Offender
ATTORNEY'S FEES AND COSTS Do I Need An Attorney? General Information

 

 

prostitution defense flat fees significantly reduced on a temporary basis 11/2011 due to national & local economic conditions
attorney reserves the right to amend or withdraw temporary reduction at any time
when
flat fees are readjusted to standard rates
1) attorney will honor the flat fee reduction rates for clients who have retained - reduced fees will not be increased
2) reduced flat fee offers will be null & void regardless of prior viewing if not retained by the time of fee readjustment and re-publication

 

 

 

fee reduction attorneys - low income qualification required   **   Colorado Public Defender   **   other resources  
Ethics Warning Right to Silence Search & Seizure Defendant Demeanor Bail Bond
Jurisdictional Attack Collateral Attack Affirmative Defenses Statute of Limitations Sealing Criminal Records
Court Proceedings Sentencing Deferred Sentencing Remedial Links Useful Public Service
 
ATTORNEY POLICIES
 Cases Outside Colorado Springs - Travel
 No Pro Bono Assistance  *  No Installment Payment 
 Legal Advice Limited to Clients - Not General Public
 
Representation Now - Another Attorney or Self
 Attorney Representation & Declined Matters
No Post Sentencing - Revocation or Appeal
  *  Sealing Records
 

Arrested for a prostitution offense - either as a service provider or as an alleged seeker of services?
Hopefully, this little website will help clarify matters and give you some direction.

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Colorado Springs prostitution criminal defense, arrest, arrested, soliciting for prostitution, patronizing a prostitute, pimping, pandering, arrest in police sting operations, criminal charges, police outrageous conduct, entrapment, nuisance forfeiture & nuisance abatement, bail bond, affirmative defenses, jurisdictional attack, collateral attack, statutes of limitations & speedy trial, sealing criminal justice records, deferred sentence, sexually transmitted diseases, HIV testing, HIV criminal charges, HIV classes, useful public service, criminal petty offense, misdemeanor defense, felony defense. prostitution Denver Colorado, prostitution Aurora Colorado, prostitution Brighton Colorado, prostitution Broomfield Colorado, prostitution Centennial Colorado, prostitution Englewood Colorado, prostitution Federal Heights Colorado, prostitution Golden Colorado, prostitution Littleton Colorado, prostitution Sheridan Colorado, prostitution Thornton Colorado, prostitution Wheat Ridge Colorado, prostitution WheatRidge Colorado, prostitution criminal defense, prostitution defense, massage parlor code, escort service code, pimping defense, pandering defense, forfeiture defense

GENERAL INFORMATION
CRIMES OF A SEXUAL NATURE

        This website covers a variety of circumstances and criminal charges with links to related civil matters.

  1.         An individual who has attempted to hire a prostitute and found himself or herself arrested in the midst of police sting operation

  2.         An individual who in fact picked up a prostitute and was discovered in flagrante delicto while parking near a closed business, perhaps in a park or other semi-private public place.

  3.         An individual who has advertised escort or other services and finds himself or herself arrested by the prospective client in the midst of police sting operation.

  4.         An individual who was approached by a prospective client in a vehicle and finds himself or herself arrested by the prospective client in the midst of police sting operation.

  5.         An individual who, by phone or in person, has made arrangements for two other persons to meet for the purpose of a sexual liaison involving cash.

  6.         An individual who has received money from a person engaging in prostitution.

        There are multiple charges, sanctions and consequences which can accrue when sex is allegedly involved with money.  Disposition may include attendance at an STD - HIV Awareness Class and / or HIV Testing and / or Target Area Prohibition

TARGET AREA 1
South Nevada Ave. Area

PROSTITUTION

 
 

LAW ENFORCEMENT
 
TARGET AREAS

 
 
Colorado Springs

TARGET AREA 2
East Platte Ave. Area

RIGHT TO REMAIN SILENT

NO STATEMENTS
LAW ENFORCEMENT * PROSECUTORS * THIRD PERSONS

IMPORTANT - PLEASE READ CAREFULLY

        My clients are advised not to discuss facts, law or trial strategy in any offense of a sexual nature or civil nuisance abatement proceeding with anyone other than myself as legal counsel or a private investigator retained as my agent, who is covered by the attorney - client privilege.  Statements to any third person may be grounds for additional criminal charges, even if the other person is a trusted confidant.  In cases alleging a sexual or drug offense, it is quite common for others to be previously or subsequently apprehended and offer information to law enforcement or prosecution in return for reduced charges or immunity (transactional or use).  Because offenses of a sexual or drug nature may be perceived as going enterprises, VNI units of law enforcement recruit confidential informants to gain information.  It would also not be uncommon for a person's confidant to be a confidential informer, perhaps wearing a wire.  Be very careful what you tell or say to other persons - your statements may be used against you at hearing or trial, and the third person's testimony may be involuntarily compelled by subpoena.  Website visitors who are not my clients should consult with your attorney before talking.

        Twice said - Admissions made by a criminal defendant may be admissible in the prosecutor's case in chief.  Do not discuss a case or make any statements whatsoever with any law enforcement officer, prosecutor, witness, the other involved party  or any other third person. Prosecutors will not hesitate to file intimidation of witness felony charges, and your statements are admissible in a trial or motions hearing.  You have the absolute right to remain silent even if police don't tell you.  Exercise that right.  Consult with your attorney before talking. 

When the police contact you, don't try to explain the circumstances.  Stop Talking.
Simply say at the outset that you wish to remain silent & want an attorney.

RIGHT AGAINST UNREASONABLE SEARCH & SEIZURE
NO CONSENT - NO VOLUNTARY SEARCH
NO WAIVER OF OTHER RIGHTS

        When a criminal suspect voluntarily gives permission for police or law enforcement to search, items found in that search will likely be admissible as evidence.  Conversely, searches without a warrant are presumed unlawful with some exceptions.  Evidence found as a result of an unlawful search may be suppressed (excluded from admission) as a fruit of the poisonous tree.

        Every citizen has the constitutional right to be free from unreasonable search and seizure.  Never consent to a search or seizure without advice of legal counsel.  Let law enforcement procure a warrant or face possible constitutional challenge to the evidence.

        Similarly, no other rights should be waived by any criminal suspect or defendant without advice from counsel.  If you aren't certain what your rights are at the time of the police request, simply say no - I need to speak to an attorney.

CRIMINAL DEFENDANT DEMEANOR

        Defense attorneys frequently see the police report phrase: "suspect was cooperative."  Law enforcement officers will do what they will do regardless of your cooperation - it won't help and may likely hurt your court case defense.  This attorney advises clients to remain silent and be courteous, calm and in control of your emotions.  Politely decline any police requests, making the statement you need to consult with legal counsel before giving a response, that you exercise your right to remain silent and request presence of an attorney.  Do not agree or consent to any search or seizure.
 
        You have the right to remain silent in court and the right to presence of defense counsel for all court proceedings.  If you have not yet retained but plan to do so, advise prosecutors and the judge that you exercise your right to remain silent and want an attorney present with you.  Do not discuss the facts of your case and do not make any admissions.  Ask the court for additional time to hire counsel.
 
        You have the right to presence of and advice of defense counsel.  Assertion of your rights may be done in a courteous manner, but exercise your rights.  Don't cave in to your fears or to your preconceptions of "what you are required to do."

BAIL BOND

CRS 18-7-201 - Prostitution prohibited
        (1) Any person who performs or offers or agrees to perform any act of sexual intercourse, fellatio, cunnilingus, masturbation, or anal intercourse with any person not his spouse in exchange for money or other thing of value commits prostitution.
        (2)    (a) "Fellatio", as used in this section, means any act of oral stimulation of the penis.
                (b) "Cunnilingus", as used in this section, means any act of oral stimulation of the vulva or clitoris.
                (c) "Masturbation", as used in this section, means stimulation of the genital organs by manual or other bodily contact exclusive of sexual intercourse.
                (d) "Anal intercourse", as used in this section, means contact between human beings of the genital organs of one and the anus of another.
        (3) Prostitution is a class 3 misdemeanor.

QUICK SENTENCING GRID
CRS 18-1.3-501 Class 3 Misdemeanor Offenses
Classification - Presumptive Sentencing Penalties
 
MISDEMEANOR CRIMINAL OFFENSES  Presumptive Jail Presumptive Fines
CRS 18-1.3-501 Minimum   Maximum Minimum   Maximum
Class 3 Misdemeanor Classification (M-3) None 6 months $50 $750
 

        For more information, I have included an abbreviated summary of statutes regarding criminal sentencing.  It is not intended to be all inclusive, however does contain a summary of basic information pertaining to a range of relevant sentencing penalties. Summary - refer to

SENTENCING PAGE SENTENCING - PETTY OFFENSE SENTENCING - MISDEMEANOR SENTENCING - FELONY
 

        Prostitution, CRS 18-7-201, is an offense involving moral turpitude.  R & F Enterprises v. County Comm., 199 Colo. 137 (Colo. 1980); see generally Annotation. 23 A.L.R. Fed. 480, 565 (1975).  Refer to potential secondary consequences and consider sealing criminal records.

 

SEX OFFENDER STATUS - PROSTITUTION
refer to links for additional information in separate web page

Prostitution is NOT defined as a sex offense pursuant to CRS 16-11.7-102
Because this crime is not a statutorily identified sex offense - sex offender evaluation, sex offender sentencing, sex offender surcharge, sex offender treatment, genetic testing - DNA seizure and registered sex offender provisions do not apply.
If not incarcerated for the full term, a period of probation would be likely
The Court may impose any other condition reasonably related to rehabilitation

 
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CRS 18-7-205 - Patronizing a prostitute
        (1) Any person who performs any of the following with a person not his spouse commits patronizing a prostitute:
                (a) Engages in an act of sexual intercourse or of deviate sexual conduct with a prostitute; or
                (b) Enters or remains in a place of prostitution with intent to engage in an act of sexual intercourse or deviate sexual conduct.
        (2)
Patronizing a prostitute is a class 1 petty offense; except that patronizing a prostitute is a class 1 misdemeanor if the violation is committed subsequent to two prior convictions of a violation of this section, of a violation of a comparable offense in any other state, or of a violation of a comparable municipal offense.

QUICK SENTENCING GRID
CRS 18-1.3-503 Class 1 Petty Offenses
Classification - Presumptive Sentencing Penalties
 
PETTY CRIMINAL OFFENSES Presumptive Jail Presumptive Fines
CRS 18-1.3-503 Minimum   Maximum Minimum   Maximum
Class 1 Petty Classification (P-1) None 6 months None $500 
 

QUICK SENTENCING GRID
CRS 18-1.3-501 Class 1 Misdemeanor Offenses

 
MISDEMEANOR CRIMINAL OFFENSES  Presumptive Jail Presumptive Fines
CRS 18-1.3-501 Minimum   Maximum Minimum   Maximum
Class 1 Misdemeanor Classification (M-1)  6 months 18 months $500 $5,000
 

        Patrons, "gentlemen callers" or "johns" are now referring to themselves as "hobbyists" and many enter comments or ratings on various websites regarding performance of the "lady of the evening" whom they have visited.  Given the re-classification of patronizing a prostitute to class 1 misdemeanor for third offense, hobbyists may wish to reconsider their actions and proliferation or publication of their opinions.  This could become quite a costly hobby in terms of freedom and the pocketbook.  Three strikes and you're out amendment.

 

        For more information, I have included an abbreviated summary of statutes regarding criminal sentencing.  It is not intended to be all inclusive, however does contain a summary of basic information pertaining to a range of relevant sentencing penalties. Summary - refer to

SENTENCING PAGE SENTENCING - PETTY OFFENSE SENTENCING - MISDEMEANOR SENTENCING - FELONY
 

        Prostitution is an offense involving moral turpitude.  R & F Enterprises v. County Comm., 199 Colo. 137 (Colo. 1980); see generally Annotation. 23 A.L.R. Fed. 480, 565 (1975).  Refer to potential secondary consequences and consider sealing criminal records.

 

SEX OFFENDER STATUS - PATRONIZING A PROSTITUTE
refer to links for additional information in separate web page

Patronizing a prostitute is NOT defined as a sex offense pursuant to CRS 16-11.7-102
Because this crime is not a statutorily identified sex offense - sex offender evaluation, sex offender sentencing, sex offender surcharge, sex offender treatment, genetic testing - DNA seizure and registered sex offender provisions do not apply.
If not incarcerated for the full term, a period of probation would be likely
The Court may impose any other condition reasonably related to rehabilitation

 
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CRS 18-7-207 - Prostitute making display. Any person who by word, gesture, or action endeavors to further the practice of prostitution in any public place or within public view commits a class 1 petty offense.

QUICK SENTENCING GRID
CRS 18-1.3-503 Class 1 Petty Offenses
 

SEX OFFENDER STATUS - PROSTITUTE MAKING DISPLAY
refer to links for additional information in separate web page

Prostitute making display is NOT defined as a sex offense pursuant to CRS 16-11.7-102
Because this crime is not a statutorily identified sex offense - sex offender evaluation, sex offender sentencing, sex offender surcharge, sex offender treatment, genetic testing - DNA seizure and registered sex offender provisions do not apply.
If not incarcerated for the full term, a period of probation would be likely
The Court may impose any other condition reasonably related to rehabilitation

 
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CRS 18-7-202 - Soliciting for prostitution
        (1) A person commits soliciting for prostitution if he:
                (a) Solicits another for the purpose of prostitution; or
                (b) Arranges or offers to arrange a meeting of persons for the purpose of prostitution; or
                (c) Directs another to a place knowing such direction is for the purpose of prostitution.
        (2) Soliciting for prostitution is a class 3 misdemeanor.

        The offense of soliciting is complete when the offender solicits another for prostitution, arranges or offers to arrange a meeting of persons for the purpose of prostitution, or directs another to a place knowing such direction is for the purpose of prostitution. CRS 18-7-202  The prostitute's subsequent decision to engage or not to engage in a sexual act with her customer is not essential to this crime. People v. Mason, 642 P.2d 8 (Colo. 1982)

QUICK SENTENCING GRID
CRS 18-1.3-501 Class 3 Misdemeanor Offenses
 

SEX OFFENDER STATUS - SOLICITING FOR PROSTITUTION
refer to links for additional information in separate web page

Soliciting for prostitution is NOT defined as a sex offense pursuant to CRS 16-11.7-102
Because this crime is not a statutorily identified sex offense - sex offender evaluation, sex offender sentencing, sex offender surcharge, sex offender treatment, genetic testing - DNA seizure and registered sex offender provisions do not apply.
If not incarcerated for the full term, a period of probation would be likely
The Court may impose any other condition reasonably related to rehabilitation

 
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CRS 18-7-203 - Pandering
        (1) Any person who does any of the following for money or other thing of value commits pandering:
                (a) Inducing a person by menacing or criminal intimidation to commit prostitution; or
                (b) Knowingly arranging or offering to arrange a situation in which a person may practice prostitution.
        (2) Pandering under paragraph (a) of subsection (1) of this section is a class 5 felony. Pandering under paragraph (b) of subsection (1) of this section is a class 3 misdemeanor.
 
        Pandering is committed when a person knowingly for money arranges or offers to arrange a situation in which a person may practice prostitution. 18-7-203(1)(b).  The prostitute's subsequent decision to engage or not to engage in a sexual act with her customer is not essential to this crime. People v. Mason, 642 P.2d 8 (Colo. 1982)

QUICK SENTENCING GRID
CRS 18-1.3-501 Class 3 Misdemeanor Offenses
 
QUICK SENTENCING GRID
CRS 18-1.3-401 Class 5 Felony Offenses
Classification - Presumptive Sentencing Penalties     
 
FELONY CRIMINAL OFFENSES Presumptive Prison Presumptive Fines
CRS 18-1.3-401 Minimum Maximum Parole Minimum Maximum
Class 5 Felony Classification (F-5) 1 year 3 years 2 years $1,000 $100,000
F-5 Mitigated 6 months 18 months      
F-5 Aggravated 3 years + 1 day 6 years      
 

        For more information, I have included an abbreviated summary of statutes regarding criminal sentencing.  It is not intended to be all inclusive, however does contain a summary of basic information pertaining to a range of relevant sentencing penalties. Summary - refer to

SENTENCING PAGE SENTENCING - PETTY OFFENSE SENTENCING - MISDEMEANOR SENTENCING - FELONY
 

SEX OFFENDER STATUS - PANDERING
refer to links for additional information in separate web page

Pandering is NOT defined as a sex offense pursuant to CRS 16-11.7-102
Because this crime is not a statutorily identified sex offense - sex offender evaluation, sex offender sentencing, sex offender surcharge, sex offender treatment, genetic testing - DNA seizure and registered sex offender provisions do not apply.
If not incarcerated for the full term, a period of probation would be likely
The Court may impose any other condition reasonably related to rehabilitation

 
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CRS 18-7-204 - Keeping a place of prostitution
        (1) Any person who has or exercises control over the use of any place which offers seclusion or shelter for the practice of prostitution and who performs any one or more of the following commits keeping a place of prostitution if he:
                (a) Knowingly grants or permits the use of such place for the purpose of prostitution; or
                (b) Permits the continued use of such place for the purpose of prostitution after becoming aware of facts or circumstances from which he should reasonably know that the place is being used for purposes of prostitution.
        (2) Keeping a place of prostitution is a class 2 misdemeanor.

QUICK SENTENCING GRID
CRS 18-1.3-501 Class 2 Misdemeanor Offenses
 
MISDEMEANOR CRIMINAL OFFENSES  Presumptive Jail Presumptive Fines
CRS 18-1.3-501 Minimum   Maximum Minimum   Maximum
Class 2 Misdemeanor Classification (M-2) 3 months 12 months $250 $1,000
 

        For more information, I have included an abbreviated summary of statutes regarding criminal sentencing.  It is not intended to be all inclusive, however does contain a summary of basic information pertaining to a range of relevant sentencing penalties. Summary - refer to

SENTENCING PAGE SENTENCING - PETTY OFFENSE SENTENCING - MISDEMEANOR SENTENCING - FELONY
 

SEX OFFENDER STATUS - KEEPING A PLACE OF PROSTITUTION
refer to links for additional information in separate web page

Keeping a place of prostitution is NOT defined as a sex offense pursuant to CRS 16-11.7-102
Because this crime is not a statutorily identified sex offense - sex offender evaluation, sex offender sentencing, sex offender surcharge, sex offender treatment, genetic testing - DNA seizure and registered sex offender provisions do not apply.
If not incarcerated for the full term, a period of probation would be likely
The Court may impose any other condition reasonably related to rehabilitation

 
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CRS 18-7-208 - Promoting sexual immorality
        (1) Any person who, for pecuniary gain, furnishes or makes available to another person any facility, knowing that the same is to be used for or in aid of sexual intercourse between persons who are not husband and wife, or for or in aid of deviate sexual intercourse, or who advertises in any manner that he furnishes or is willing to furnish or make available any such facility for such purposes, commits promoting sexual immorality.
        (2) "Facility", as used in this section, means any place or thing which provides seclusion, privacy, opportunity, protection, comfort, or assistance to or for a person or persons engaging or intending to engage in sexual intercourse or deviate sexual intercourse.
        (3) Promoting sexual immorality is a class 2 misdemeanor.
QUICK SENTENCING GRID
CRS 18-1.3-501 Class 2 Misdemeanor Offenses
 

SEX OFFENDER STATUS - PROMOTING SEXUAL IMMORALITY
refer to links for additional information in separate web page

Promoting sexual immorality is NOT defined as a sex offense pursuant to CRS 16-11.7-102
Because this crime is not a statutorily identified sex offense - sex offender evaluation, sex offender sentencing, sex offender surcharge, sex offender treatment, genetic testing - DNA seizure and registered sex offender provisions do not apply.
If not incarcerated for the full term, a period of probation would be likely
The Court may impose any other condition reasonably related to rehabilitation

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9.4.102 - PROSTITUTION
        A. It is unlawful for any person to engage in prostitution.
        B. It is unlawful for any person to solicit for prostitution. A person solicits for prostitution if that person:
                1. Asks, proposes or otherwise seeks to engage another for the purpose of prostitution; or
                2. Arranges or offers to arrange a meeting of persons for the purpose of prostitution; or
                3. Directs another to a place knowing the direction is for the purpose of prostitution.
        C. It is unlawful for any person to pander. A person panders when, in exchange for money or other thing of value, that person knowingly arranges or offers to arrange a situation in which a person may engage in prostitution.
        D. It is unlawful for any person to keep a place of prostitution. Any person who has control or exercises control over the use of any premises which offers seclusion or shelter for the practice of prostitution keeps a place of prostitution if that person performs any one or more of the following:
                1. Knowingly grants or permits the use of the place for the purpose of prostitution; or
                2. Permits the continued use of the place for the purpose of prostitution after becoming aware of facts or circumstances from which that person should reasonably know that the place is being used for the purposes of prostitution.
        E. It is unlawful for any person to patronize a prostitute. Any person who performs any one or more of the following acts with a person not the person's spouse patronizes a prostitute:
                1. Engages in sexual conduct or activity with a prostitute; or
                2. Enters or remains in a place of prostitution with intent to engage in sexual conduct or activity with a prostitute.
        F. It is unlawful for any person to loiter for the purpose of prostitution.
                1. A person loiters for the purpose of prostitution if that person loiters in a manner and under circumstances manifesting the purpose of inducing, enticing, soliciting or procuring another to engage in prostitution. Among the circumstances which may be considered in determining whether the purpose of prostitution is manifested are the following:
                        a. The person is a known prostitute or panderer or, if the person is not a known prostitute or panderer, the person maintains a presence in an area which, within the knowledge of the arresting officer, is frequented by known prostitutes or panderers; and
                        b. The person either:
                                (1) Repeatedly beckons to, stops or attempts to stop passersby, or engages or attempts to engage passersby in conversation; or
                                (2) Repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms or any other gesture or action.
                2. Any person suspected of loitering for the purpose of prostitution shall be afforded an opportunity to explain the person's presence and conduct prior to the person's arrest.
                3. No person shall be convicted of loitering for the purpose of prostitution if it appears at trial that the person was not afforded an opportunity to explain the person's presence and conduct prior to arrest or if it appears at trial that the explanation given by the person was true and disclosed a lawful purpose.

 

        G. For the purposes of this section, the following definitions apply:

KNOWN PROSTITUTE OR PANDERER: A person who, within one year prior to the date of arrest for violation of this section, has been convicted of prostitution, soliciting, pandering or loitering for the purpose of prostitution, and the conviction is within the knowledge or information of the arresting officer.

 

LOITER: To be dilatory, to stand idly around, to linger, delay, remain, abide, tarry or wander about in a public place.

 

PROSTITUTE: Any person who engages in prostitution.

 

PROSTITUTION: Engaging, offering to engage or agreeing to engage in sexual conduct or activity with any person except one's spouse where one or more of the parties is to receive money or any other thing of value in exchange for performing the sexual conduct or activity.

 

SEXUAL CONDUCT OR ACTIVITY: Any act involving contact between the genitals of one person and the mouth, hand, anus or genitals of another person, including genital intercourse, fellatio, cunnilingus, masturbation or anal intercourse.

 

        H. Any person who is convicted of prostitution pursuant to this section shall be ordered by the court to submit to a blood test of the human immunodeficiency virus (HIV) which causes acquired immune deficiency syndrome. The results of the test shall be reported to the person tested, the City Attorney, and the El Paso County District Attorney. The City and district attorneys shall keep the results of the test confidential unless the person is charged with a violation of this section or Colorado Revised Statutes section 18-7-201.7 or 18-7-205 and the results of the test indicate the presence of the human immunodeficiency virus (HIV) which causes acquired immune deficiency syndrome. (Ord. 4517; 1968 Code §8-30; Ord. 81-62; Ord. 82-120; Ord. 91-70; Ord. 01-42) 

 
Colorado Springs Municipal Court Possible Penalties Adult Minor
Jail 10 - 90 days  Juvenile Court
Fine  $10 - $500 Juvenile Court
court costs $10 would be in addition to the above fine
 
Colorado Springs City Code
Colorado Springs Municipal Ordinance 9.4.102

Prostitution

Colorado Springs Municipal Ordinance 1.1.201

General Penalty - maximum jurisdiction: Jail 90 days  and/or Fine  $500

Minors

State statute - CRS 19-2-104(1)(a)(II)

Municipal court no jurisdiction - Juvenile Court Has Jurisdiction
Municipal ordinances - except traffic - maximum 10 days jail
Municipal violations - no provision for minor to be treated as an adult
Municipal criminal violations - maximum 10 days jail 
or juvenile court assumes exclusive jurisdiction

Colorado Springs Municipal Ordinance 1.1.202

Minor Offenders
Municipal violations - no provision for minor to be treated as an adult

 

        Prostitution is an offense involving moral turpitude.  R & F Enterprises v. County Comm., 199 Colo. 137 (Colo. 1980); see generally Annotation. 23 A.L.R. Fed. 480, 565 (1975).  Refer to potential secondary consequences and consider sealing criminal records.

 

SEX OFFENDER STATUS - PROSTITUTION
refer to links for additional information in separate web page

Prostitution is NOT defined as a sex offense pursuant to CRS 16-11.7-102
Because this crime is not a statutorily identified sex offense - sex offender evaluation, sex offender sentencing, sex offender surcharge, sex offender treatment, genetic testing - DNA seizure and registered sex offender provisions do not apply.
If not incarcerated for the full term, a period of probation would be likely
The Court may impose any other condition reasonably related to rehabilitation

 

CRS 18-7-206. Pimping. Any person who knowingly lives on or is supported or maintained in whole or in part by money or other thing of value earned, received, procured, or realized by any other person through prostitution commits pimping, which is a class 3 felony.

 
QUICK SENTENCING GRID
CRS 18-1.3-401 Class 3 Felony Offenses
Classification - Presumptive Sentencing Penalties
 
FELONY CRIMINAL OFFENSES Presumptive Prison Presumptive Fines
CRS 18-1.3-401 Minimum Maximum Parole Minimum Maximum
Class 3 Felony Classification (F-3) 4 years 12 years 5 years $3,000 $750,000
F-3 Mitigated 2 years 6 years      
F-3 Aggravated 12 years + 1 day 24 years      

1.  two felony convictions - minimum sentence mandatory - no probation  CRS 18-1.3-401(1)(b)(II)

 

2.  Mitigation - not less than one-half the presumptive minimum sentence  CRS 18-1.3-401(6)

 

3.  Aggravation - not more than twice the presumptive maximum sentence.  CRS 18-1.3-401(6)

 

4.  Extraordinary aggravating circumstances - at least midpoint presumptive sentence, not more than twice presumptive maximum sentence.  CRS 18-1.3-401(8)(a)  Examples - crime of violence, on parole - probation or bond when offense committed.  There are many more aggravating circumstances contained in CRS 18-1.3-401(8)

 

        For more information, I have included an abbreviated summary of statutes regarding criminal sentencing.  It is not intended to be all inclusive, however does contain a summary of basic information pertaining to a range of relevant sentencing penalties. For a summary - refer to

SENTENCING PAGE SENTENCING - PETTY OFFENSE SENTENCING - MISDEMEANOR SENTENCING - FELONY
 

        Prostitution is an offense involving moral turpitude.  R & F Enterprises v. County Comm., 199 Colo. 137 (Colo. 1980); see generally Annotation. 23 A.L.R. Fed. 480, 565 (1975).  Refer to potential secondary consequences and consider sealing criminal records.

 

SEX OFFENDER STATUS - PIMPING
refer to links for additional information in separate web page

Pimping is NOT defined as a sex offense pursuant to CRS 16-11.7-102
Because this crime is not a statutorily identified sex offense - sex offender evaluation, sex offender sentencing, sex offender surcharge, sex offender treatment, genetic testing - DNA seizure and registered sex offender provisions do not apply.
If not incarcerated for the full term, a period of probation would be likely
The Court may impose any other condition reasonably related to rehabilitation

 

        Pimping statutes have withstood constitutional challenges on the grounds of equal protection, vagueness, overbreadth and economic association.  Examples would be People v. Stage, 195 Colo. 110 (Colo. 1978),  People v. Johnson, 195 Colo. 350 (Colo. 1978)

        Any person who knowingly lives on or is supported or maintained in whole or in part by money or other thing of value earned, received, procured, or realized by any other person through prostitution commits pimping, a class 3 felony.  A claim that defendant merely received money for use of the rooms, and not from any prostitution activity that occurred in the rooms is not legally sufficient to withstand a guilty verdict if defendant knows purpose of the business was about and encouraged prostitution.  People v. Cerrone, 867 P.2d 143 (Colo. App. 1993)

        In the case of pimping, which admittedly involves a prior act of prostitution, the offense occurs when the offender receives and knowingly lives on the earnings of the prostitute. Once this conduct occurs, no further act of the prostitute, discretionary or otherwise, is essential to criminal liability.  People v. Mason, 642 P.2d 8 (Colo. 1982); see also People v. Smith, 638 P.2d 1 (Colo. 1981); People v. Andrews, 632 P.2d 1012 (Colo. 1981).

        People v. Ganatta, 638 P.2d 268 (Colo. 1981)

1.  When evidence was offered that defendant was an owner and manager of the club, and that checks payable to "cash," but representing payments for a prostitute's sexual services, were endorsed by him and deposited by him into a business bank account of which he was either sole or part owner, in our opinion, the evidence was sufficient to establish a prima facie case that defendant lived on or was supported in whole or in part from funds derived from prostitution.  

 

2.  The is no merit in the defendant's assertion that in order to be convicted of pimping a person must be maintained solely or substantially by proceeds from prostitution. Rather, the proper inquiry under the statute is whether the defendant knowingly received funds derived from another's prostitution and applied those funds to his support, maintenance, or "living.  

 

3.  Where the people's evidence establishes that a person knowingly applies a thing of value received through another's act of prostitution to his own benefit, whether it be a business or personal benefit, a prima facie case for proof of the crime of pimping has been made.

 
  ORGANIZED CRIME - RACKETEERING CHARGES
Colorado Organized Crime Control Act (COCCA)
 

 

        Organized crime - special offender allegations - may be filed in a pimping case.  If not initially filed, it would not be uncommon for a DDA prosecuting attorney to threaten amendment and addition of a COCCA filing in the course of pimping charge plea negotiations should the defendant not accept the DDA's initial plea offer.  If filed, the complexity of the case alters - refer to potential fee quote link below.

 

        Pimping is defined as one of the offenses which may be classified as organized crime - aka racketering.  CRS 18-17-103(b)(VI).    As minimal discussion, racketeering requires some criminal activity (at least two incidents which need not be of the same variety) and at least two persons participating.  Given the allegations necessary to support a pimping charge, the requirement of at least 2 persons is met, and last I knew, prostitution was unlawful.  Multiple transactions would be required to support a COCCA charge. 

 

        Any person convicted of engaging in activity in violation of the provisions of CRS 18-17-104 (here pimping) commits a Class 2 Felony and, upon conviction thereof is subject to forfeiture and injunction as provided in CRS 18-17-105.  COCCA is to be given liberal construction in order to effect the intent and purposes of the Colorado Racketeering Act.  CRS 18-17-108.

 

        Felony pimping charges can get quite serious.  Potential fee quote with COCCA organized crime - racketeering charges.

 

Related thought.  When the Colorado legislature enacted racketeering laws and entitled the series of statutes as the Colorado Organized Crime Control Act, one or more legislators must have considered the acronym enunciation and its slang meaning.  Is it possible the esteemed minds of our legislators have a warped sense of humor and effectively entitled the organized crime act as "deep feces" or was that merely coincidence?

 

        The Colorado Escort Service Code is contained at CRS §§ 12-25.5-101 -115.  It requires licensing of escort services, escorts and escort bureau runners.  Everybody involved must be of "good moral character", over age 18 criminal history checks will be run and prostitution is prohibited.  It's now a misdemeanor crime to engage in the escort business without a license or to violate any provision of the Escort Service code.  Written contracts for each individual service are required under CRS 12-25.5-112, and on a monthly basis escort services must turn over the records to authorities for scrutiny.  Patrons are gonna' love that.
 
        Law enforcement officers peruse known sites and will print the information contained in the web pages for use as prosecution evidence, which may include the identifying smiling face of the advertiser, services offered including reference to unlicensed escort services and pricing.  Defense counsel recommends that any such advertising should not exist unless it is an advertisement for lawful escort services pursuant to a
valid license.  Also refer to gathering evidence by surreptitious means.

 

STATE STATUTE:  CRS 12-25.5-103. Definitions.
        (1) "Escort" means any person who, for a salary, fee, commission, hire, or profit, makes himself available to the public for the purpose of accompanying other persons for companionship.
        (2) "Escort bureau" means any business, agency, or person who, for a fee, commission, hire, or profit, furnishes or arranges for persons to accompany other persons for companionship.
        (3) "Escort bureau runner" means any person who, for a salary, fee, hire, or profit, acts in the capacity of an agent for an escort bureau by contacting or meeting with escort patrons whether or not said person is employed by such escort bureau or by another business or is self-employed.
        (4) "Escort patron" means any person who seeks the services of an escort, escort bureau, or escort bureau runner.

COLORADO SPRINGS MUNICIPAL ORDINANCE:  2.3.601 Definitions.
       
ESCORT: Any person who for a salary, fee, tip, commission, hire, profit or other consideration makes oneself available to the public for the purpose of accompanying another person for companionship, or agreeing or offering to privately model lingerie or to perform private erotic dancing for another person.
                          Note:  Colorado Springs Municipal Ordinance has a definition expanded beyond that of the Colorado State Statute.
        ESCORT BUREAU: Any business, agency or person who, for a salary, fee, tip, commission, hire, profit or other consideration, furnishes, offers to furnish, advertises to furnish or arranges for persons to accompany other persons for companionship, or who, for a salary, fee, tip, commission, hire, profit or other consideration furnishes, offers to furnish, advertises to furnish or arranges for persons to model lingerie privately or perform private erotic dancing for another person.
        ESCORT PATRON: Any person who has attained the age of eighteen (18) years or more or any person under the age of eighteen (18) for whom the parent or legal guardian consents in writing, who seeks the services of an escort, escort bureau or escort service runner.
        ESCORT SERVICE RUNNER: Any person who, for a salary, fee, tip, commission, hire, profit or other consideration, acts in the capacity of an agent for an escort bureau by contacting or meeting with escort patrons whether or not the person is employed by the escort bureau or by another business or is self-employed.
        LICENSED PREMISES: Any discrete, identifiable location at which a licensed activity is permitted and, in fact, is conducted under the authority of any one license.

 
QUICK SENTENCING GRID
CRS 12-25.5-113  Violation of Escort Service Code
Unclassified Misdemeanor Offenses
 
ESCORT SERVICE CODE VIOLATIONS Presumptive Jail License Presumptive Fines
CRS 12-25.5-113 Minimum Maximum  Loss Minimum Maximum
Any Violation 0 days 1 year 5 years $0 $5,000
 
LICENSING FOR LAWFUL BUSINESS
ESCORT SERVICE
 
LICENSE APPLICATIONS
Escort Bureau Escort * Escort Runner
City Code Search City Forms Index
 
City of Colorado Springs Clerk's Office EMAIL
Physical Address
30 S Nevada Ave   Suite 101
Colorado Springs, CO 80903
Hours: Mon-Fri 8am to 5pm
Mailing Address
PO Box 1575   Mail Code 110
Colorado Springs, CO 80901-1575
 
Phone: (719) 385-5901 Fax: (719) 385-5114
Licensing Deputy Clerk: Larry Lucero   Direct Phone: (719) 385-5107
refer to City Clerk for log book & reporting requirements
Colorado Secretary of State Business Center Records Search
Trade Name * Incorporation * LLC * LLP

City of Colorado Springs licensing search for escort bureau, escort or escort runner is not available via an on-line business license search.  Licensing can be searched by a call or visit to the City Clerk's Office.

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        Colorado Massage Parlor Code, CRS 12-48.5-101 to -119, 5B. The terms massage and massage parlor and massage are defined at CRS 12-48.5-103. The statute makes it unlawful for any person to operate a massage parlor without holding a validly issued local license. CRS 12-48.5-110(1)(a), and requires that every applicant, licensee, or agent or employee of said applicant or licensee shall, prior to commencing work in or upon the licensed premises, obtain an identity card from the law enforcement agency within the licensing jurisdiction in a form prescribed by the local licensing authority and shall carry said identity card at all times while in or upon the licensed premises. CRS 12-48.5-105(4).

        The Colorado Massage Parlor Code, CRS 12-48.5-101 to -119 and Adams County Ordinance No. 2, entitled Ordinance Establishing Massage Parlor Regulations, both of which regulate commercially operated massage parlors but exempt certain types of massage procedures from governmental control, have been held not unconstitutionally vague in violation of due process of law, do not violate equal protection of the laws, and do not suffer from unconstitutional overbreadth and do not violate associational interests.  Regency Services Corp. v. Board of County Comm., 819 P.2d 1049 (Colo. 1991), R & F Enterprises v. County Comm., 199 Colo. 137 (Colo. 1980).  The Adams County ordinance followed the Colorado statute.  It is likely any other county or city ordinance / code have done or will do likewise.

        Law enforcement officers peruse known sites and will print the information contained in the web pages for use as prosecution evidence, which may include the identifying smiling face of the advertiser, services offered including reference to unlicensed massage and pricing.  Defense counsel recommends that any such advertising should not exist unless it is an advertisement for lawful massage services pursuant to a valid license.  Also refer to gathering evidence by surreptitious means.

 
QUICK SENTENCING GRID
CRS 12-48.5-111  Violation of Massage Parlor Service Code
Unclassified Misdemeanor Offenses
 
MASSAGE PARLOR CODE VIOLATIONS Presumptive Jail License Presumptive Fines
CRS 12-48.5-111 Minimum Maximum  Loss Minimum Maximum
Any Violation 0 days 1 year 5 years $0 $5,000
 
LICENSING FOR LAWFUL BUSINESS
MASSAGE PARLOR AND MASSAGE THERAPIST
 
LICENSE APPLICATIONS

City of Colorado Springs discontinued massage parlor licensing
massage parlor business license can not be found on-line
Colorado Springs City Clerk - Business License Search

Colorado Secretary of State Business Center Records Search
Trade Name * Incorporation * LLC * LLP
 

        In May, 2009 the Colorado Department of Regulatory Agencies (DORA) indicated that if the local government does not have massage parlor licensing ordinances or regulations, massage parlors are unregulated.  DORA phone: (303) 894-7800, Brian Pritchard (303) 894-2983, J. Arcelin, (303) 894-2987. 

massage therapist licensing is regulated by DORA

Colorado Department of Regulatory Agencies (DORA)
Registrations - Automated Licensure Information System
Massage Therapist License Search * * List of Licensees

 
ARREST PROBABILITIES AND EVIDENTIARY OR OTHER PITFALLS OF ADVERTISING
 

        The Gazette-Telegraph closed out "escort" classified ads years ago.  Attorney on-line search 9/30/2010 & subsequent of the Independent classified ads for "adult" or "escort" produced no results; it appears this category of classified ad was similarly closed out.  Simply advertising an escort service can place a person in significant difficulties if the advertiser doesn't possess an escort bureau license.  This applies not only to hard copy publications, but also to various internet sites which are notorious for adult services advertising, such as TOB The Other Board, TER - The Erotic Review, Craigslist, Verified Playmates, SoWet, Escort Photos, Backpage, FreePostSite, Naughty Reviews, or Colorado Adult Open Directory.  Numerous other sites exist.  Law enforcement officers peruse these or other known sites and will print the information contained in the web pages for use as prosecution evidence.  Simple click-print & evidence gathering would commonly be accomplished before initial contact to avoid subsequent web page deletion - destruction of evidence.  Rather convenient for VNI agents to have auto-dated evidence which may include the smiling face of the advertiser for patent identification, nude or suggestive evidentiary photographs, along with text which advertises unlicensed escort services or unlicensed massage services, perhaps pricing for services or hourly fees and verbiage which may border on blatant solicitation for prostitution.  Internet posting leaves a digital footprint.  From the perspective of defense counsel preparing a case for trial, it would be preferable that no such advertising exists unless it is an advertisement for lawful escort services pursuant to valid license.  Also refer to gathering evidence by surreptitious means.

On 9/28/10 the following charges were brought in the District Court, El Paso County, Colorado in Criminal Action No. 10 CR 3526  Division 9 against the alleged publisher of an internet site which included adult services ads.  (site not identified above - site deleted upon request of defendant's attorney)
     1)  Pimping CRS 18-7-206 - Felony 3
     2)
 Promoting Sexual Immorality CRS 18-7-208 - Misdemeanor 2
     3)  Pandering - Arranging Prostitution CRS 18-7-203(1)(b) - Misdemeanor 3
     4)  Prostitution - Soliciting CRS 18-7-202 - Misdemeanor 2

 

        Conducting an on-line database search of an email address or a telephone number (hardline or cell phone) takes a bit of time but is not rocket science.  Commencing with merely an email address or a phone number, database searches can produce the below information.  Counsel has the capability 24/7, and VNI detectives are both aware of available internet and government databases and as well as have the capability for on-line searching.

        Via google, etc. websites and specific webpages which advertise the service provider's telephone number can be identified.  Click a link into the advertiser's site(s) or webpage(s) ==> evidence.

        Via public & government databases accessible to anyone, and via confidential databases not accessible to the public, it is likely full identification can be made before an appointment for services is made.  This includes but is not limited to name, address, date of birth, social security number & driver license number as well as nationwide criminal arrest / conviction history, other phone numbers (published, non-pub or cell), prior phone numbers, current or prior alias, current or past email, roommates at current and past addresses, internet social networking and property.  Use of an entertainer "stage name" offers absolutely no identity protection whatsoever.

        Via government databases accessible to anyone and CCIC * NCIC accessible to law enforcement, prior arrests, prosecutions, convictions or deferred sentences can be determined as well as knowledge of whether the suspect is presently subject to a deferred sentence, on probation or on parole.  This again can be determined before an appointment for services is made, shortly after arrest or anytime thereafter.

        Via public & government databases accessible to anyone, and via confidential databases not accessible to the public, property which may be subject to seizure can be identified - again before an appointment for services is made.  This includes but is not limited to knowledge of motor vehicle ownership & real property ownership, including a satellite photo of the home or real property, assessed value and knowledge of lien secured by trust deed (home equity estimate).  Landlines are locked into a specific location, and cell phone location at the time of any given call can be ascertained with a high degree of certainty by cell tower information available from cell phone companies.  Evidence is available that particular calls were received or originated by a suspect at an owned residence, and any given call or series of calls may have been with a VNI detective logging prostitution, pandering or pimping evidence.  If personal property, motor vehicles or real property is or has been used in conjunction with prostitution or pimping, refer to forfeiture civil lawsuit.

 
much to this attorney's chagrin, privacy is pretty much a thing of the past
all the above information can be gleaned from just a phone number or email address
counsel has all the above capabilities - law enforcement has additional access to CCIC & NCIC databases
 

Note: representation inquiries are covered by the attorney-client privilege, plus attorney doesn't seek ID information if the prospective client chooses not to disclose identify during an initial phone consultation.  Counsel respects privacy for initial inquiries.  If charges are pending and a fee quote is requested, counsel does require identification to check judicial records for pending charges and case information plus criminal history in order to provide a realistic quote regarding attorney fees and litigation costs.

 

 

Working and providing services within a nice car or SUV?  Using a nice car or SUV driving to your appointments at an office, hotel, motel, apartment or other remote location?  Working and accepting appointments within your owned home?   Using the phone or computer from your owned home to set appointments?  Effectively setting up forfeiture of your property to the government is not really a plan, now is it?

The above reminds me of an incident at the University of Minnesota many years ago; about the same level of forethought and execution.  My brother & all other residents of a high rise dormitory filed out in their underwear at 3 a.m. in snow and subzero weather due to a fire alarm.  The prankster perpetrator didn't want to leave fingerprints on the alarm lever and get into trouble, so he used his ID card between his fingers the the lever.  Unfortunately for him, in the excitement he left his student photo ID in the fire alarm box wrapped around the lever.  He did achieve his objective and didn't leave prints - quite clever of him, wasn't it - perhaps he could even be described as crafty?  Now that you've been advised re forfeiture, don't do something lacking intelligence.  Attempts to work around identification, arrest and injunction / forfeiture lawsuit have about the same effectiveness as the fire alarm prankster kid.  Surreptitious efforts don't withstand the light of judicial scrutiny.

        Before contact with the suspect, if law enforcement has the time & inclination, a full history can be worked up including whether the suspect is a repeat offender, has other pending charges or is currently on deferred sentence * probation * parole.  And, law enforcement can have a pretty good idea of personal property, motor vehicles or real property which may be seized and used by VNI or sold to fill government coffers.  This can also be done after arrest.  Think of your property as part of a VNI shopping list or pre-approved bank deposit to a government account and you're getting a the gist of things.  You wouldn't be reading this if criminal defense and forfeiture were not of sincere concern or a very real and serious problem presently existing for you.  Take heed.

Counsel doesn't know how to convey any more clearly the pitfalls of advertising prostitution services or engaging in this activity.
 

 

        Counsel has heard on multiple occasions that the client or prospective client has bills to pay / children's expenses, and that the income from prostitution is needed.  To get through school I ate field corn because there was no money for groceries (cattle corn turns the water blood red when boiling). I raised my daughter alone from infancy through emancipation and raised her best friend for all practical purposes - all without financial assistance from another parent.  Counsel knows first hand the cost of raising kids from one tot in diapers to wisdom teeth extraction for both young women.  I understand financial needs.  But, prosecutors and judges who are on government salary with health benefits will not be persuaded by economic justification for criminal activity.  Judicial won't be impressed with community spirited service, civic contributions or donations akin to pleasure palace madame Miss Mona of the Chicken Ranch in the comedy movie The Best Little Whorehouse in Texas.  Know that - people in the judicial system who are relevant to criminal case disposition won't care about "the whys and wherefores".  Fast money can support a nice lifestyle.  Unlicensed pharmaceutical sales out of the back of a van also nets fast money - high income / low overhead.  Each endeavor is unlawful; each carries criminal and forfeiture sanctions.  Prostitution advertising increases the odds of arrest and becomes inculpatory / aggravation evidence.  Perhaps it would be a plan to delete all advertising and seek lawful employment, regardless of income reduction.  Client's life and client's choices.  Attorneys defend criminal cases with facts as they exist when retained, not facts as preferred.

        After charges have been filed and counsel has been retained, to avoid intentional destruction of evidence allegations and also avoid future prostitution or pimping allegations, this attorney gives notice to law enforcement and prosecutors of intent to delete, then ten days later has the client delete all internet advertising.

 

        If you've been arrested and are considering becoming a confidential informant in return for "a deal", refer to immunity.

 

        And finally:
        1.  Criminal Defense.  Be aware these advisements and warnings are for education purposes; an aid to understanding potential legal consequences.  Please do not interpret as condemnation or an impediment to aggressive defense strategy.  This attorney vigorously defends prostitution or pimping criminal charges and civil forfeiture cases, and this attorney is non-judgmental.

        2.  No Operational Advice.  Please do not call, email or fax inquiring of how to minimize risk in the conduct a prostitution or pimping business or otherwise operate effectively "below the radar".  Any attorney who gives advice regarding on-going operational activities, procedures and policies or who participates in the operation of such a business faces racketeering charges, complicity charges and Supreme Court disciplinary action - disbarment.  This attorney is ethical and declines any such inquiry or request.  Please call for criminal defense, but not for advice regarding how to run or further an unlawful enterprise.

TECHNOLOGICAL SURVEILLANCE
ELECTRONIC SURVEILLANCE
OTHER SURVEILLANCE

refer to link for information
some methods utilized by CSPD Metro VNI in prostitution sting operations & pimping investigations
REGISTERED
SEX OFFENDER

refer to link for information
 
 
SEALING CRIMINAL JUSTICE RECORDS
refer to links for additional information in primary website

        If the case is ultimately dismissed as a result of deferred sentence successful completion, flat dismissal or not guilty verdict enters to all charges, refer to the above link for information regarding defendant's records of this offense maintained by the CBI, FBI, law enforcement agencies, courts, prosecution, and any evaluation or treatment agencies.

CRS 18-7-201.5 - Acquired immune deficiency syndrome testing for persons convicted of prostitution
        (1)    (a) Any person who is convicted of prostitution pursuant to section 18-7-201 or a comparable municipal ordinance shall be ordered by the court to submit to a diagnostic test for the human immunodeficiency virus (HIV) that causes acquired immune deficiency syndrome. The court shall order that such person shall pay the cost of such diagnostic test as a part of the costs of the action.
                (b) As used in this subsection (1), "diagnostic test" means a human immunodeficiency virus (HIV) screening test followed by a supplemental HIV test for confirmation in those instances when the HIV screening test is repeatedly reactive.
        (2) The results of any test performed pursuant to this section shall be reported to the person tested and to the district attorney or the municipal prosecuting attorney of the jurisdiction in which the person is prosecuted. The district attorney or municipal prosecuting attorney shall keep the results of such test strictly confidential unless the results of such test indicate the presence of the human immunodeficiency virus (HIV) that causes acquired immune deficiency syndrome and:
                (a) The person is subsequently charged with a violation of section 18-7-201.7 or 18-7-205.7; or
                (b) The person is subsequently charged with a violation of section 18-7-201 or 18-7-205 or a comparable municipal ordinance and the district attorney or municipal prosecuting attorney for the charging jurisdiction seeks the test results for purposes of case evaluation, charging, and sentencing. In such case, the district attorney or municipal prosecuting attorney who obtained the original conviction pursuant to section 18-7-201 or a comparable municipal ordinance may release the test results only to the district attorney or municipal prosecuting attorney in the charging jurisdiction or the said district attorney's or municipal prosecuting attorney's designee. Any district attorney or municipal prosecuting attorney who receives test results pursuant to this paragraph (b) shall keep said test results strictly confidential, except as provided in this subsection (2).
        (3)    (a) The test ordered pursuant to subsection (1) of this section shall be performed by a facility that provides ongoing health care.
                (b) An employee of the facility that performs the test shall provide, for purposes of pretrial preparation and in court proceedings, oral and documentary evidence limited to whether the person tested pursuant to subsection (1) of this section and subsequently charged under section 18-7-201.7 or 18-7-205.7 was provided notice prior to the date of the offense that he or she had tested positive for the human immunodeficiency virus (HIV) that causes acquired immune deficiency syndrome and the date of such notice.

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CRS 18-7-201.7 - Prostitution with knowledge of being infected with acquired immune deficiency syndrome
        (1) Any person who performs or offers or agrees to perform any act of sexual intercourse, fellatio, cunnilingus, masturbation, or anal intercourse, as such terms are defined in section 18-7-201 (2), with any person not his spouse, in exchange for money or any other thing of value, and if such person has been tested for acquired immune deficiency syndrome pursuant to section 18-7-201.5 or 18-7-205.5 or otherwise, and the results of such test indicate the presence of the human immunodeficiency virus (HIV) which causes acquired immune deficiency syndrome, such person commits prostitution with knowledge of being infected with acquired immune deficiency syndrome.
        (2) Prostitution with knowledge of being infected with acquired immune deficiency syndrome is a class 5 felony.
        (3)    (a) In sentencing any person convicted of prostitution with knowledge of being infected with acquired immune deficiency syndrome pursuant to this section, the court may order that such person submit to an assessment for the use of controlled substances or alcohol developed pursuant to CRS 16-11.5-102 (1) (a).  The court may further order that such person comply with the recommendations of such assessment as part of any sentence to probation, county jail, community corrections, or incarceration with the department of corrections. The assessment and compliance with the recommendations of the assessment shall be at the person's own expense, unless the person is indigent.
                (b) In addition to treatment for abuse of controlled substances and alcohol, the court may require the person to participate in mental health treatment if such treatment is recommended in the person's pre-sentence report prepared pursuant to CRS 16-11-102.  The mental health treatment shall be at the person's own expense, unless the person is indigent.

QUICK SENTENCING GRID
CRS 18-1.3-401 Class 5 Felony Offenses
Classification - Presumptive Sentencing Penalties

FELONY CRIMINAL OFFENSES Presumptive Prison Presumptive Fines
CRS 18-1.3-401 Minimum Maximum Parole Minimum Maximum
Class 5 Felony Classification (F-5) 1 year 3 years 2 years $1,000 $100,000
F-5 Mitigated 6 months 18 months      
F-5 Aggravated 3 years + 1 day 6 years      
  1. two felony convictions - minimum sentence mandatory - no probation  CRS 18-1.3-401(1)(b)(II)

  2. Mitigation - not less than one-half the presumptive minimum sentence  CRS 18-1.3-401(6)

  3. Aggravation - not more than twice the presumptive maximum sentence.  CRS 18-1.3-401(6)

  4. Extraordinary aggravating circumstances - at least midpoint presumptive sentence, not more than twice presumptive maximum sentence.  CRS 18-1.3-401(8)(a)  Examples - crime of violence, on parole - probation or bond when offense committed.  There are many more aggravating circumstances contained in CRS 18-1.3-401(8)

        For more information, I have included an abbreviated summary of statutes regarding criminal sentencing.  It is not intended to be all inclusive, however does contain a summary of basic information pertaining to a range of relevant sentencing penalties. For a summary - refer to

SENTENCING PAGE SENTENCING - PETTY OFEENSE SENTENCING - MISDEMEANOR SENTENCING - FELONY

                Jail sentence to home detention (ankle bracelet) is not prohibited, but is unlikely
                The Court may impose any other condition reasonably related to rehabilitation. 
                A period of probation would not be uncommon.

 
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DEFENSE OF SEX CRIMES
 
HIV VIRUS - AIDS
ACTS BY A PERSON
PATRONIZING A PROSTITUTE
FELONY OFFENSE

CRS 18-7-205.5 - Acquired immune deficiency syndrome testing for persons convicted of patronizing a prostitute
        (1) (a) Any person who is convicted of patronizing a prostitute pursuant to section 18-7-205 or a comparable municipal ordinance shall be ordered by the court to submit to a diagnostic test for the human immunodeficiency virus (HIV) that causes acquired immune deficiency syndrome. The court shall order that such person shall pay the cost of such diagnostic test as a part of the costs of the action.
            (b) As used in this subsection (1), "diagnostic test" means a human immunodeficiency virus (HIV) screening test followed by a supplemental HIV test for confirmation in those instances when the HIV screening test is repeatedly reactive.
        (2) The results of any test performed pursuant to this section shall be reported to the person tested and to the district attorney or the municipal prosecuting attorney of the jurisdiction in which the person is prosecuted. The district attorney or the municipal prosecuting attorney shall keep the results of such test strictly confidential unless the results of such test indicate the presence of the human immunodeficiency virus (HIV) that causes acquired immune deficiency syndrome and:
            (a) The person is subsequently charged with a violation of section 18-7-201.7 or 18-7-205.7; or
            (b) The person is subsequently charged with a violation of section 18-7-201 or 18-7-205 or a comparable municipal ordinance and the district attorney or the municipal prosecuting attorney for the charging jurisdiction seeks the test results for purposes of case evaluation, charging, and sentencing. In such case, the district attorney or municipal prosecuting attorney who obtained the original conviction pursuant to section 18-7-205 or a comparable municipal ordinance may release the test results only to the district attorney or municipal prosecuting attorney in the charging jurisdiction or the said district attorney's or municipal prosecuting attorney's designee. Any district attorney or municipal prosecuting attorney who receives test results pursuant to this paragraph (b) shall keep said test results strictly confidential, except as provided in this subsection (2).
        (3) (a) The test ordered pursuant to subsection (1) of this section shall be performed by a facility that provides ongoing health care.
            (b) An employee of the facility that performs the test shall provide, for purposes of pretrial preparation and in court proceedings, oral and documentary evidence limited to whether the person tested pursuant to subsection (1) of this section and subsequently charged under section 18-7-201.7 or 18-7-205.7 was provided notice prior to the date of the offense that he or she had tested positive for the human immunodeficiency virus (HIV) that causes acquired immune deficiency syndrome and the date of such notice.

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CRS 18-7-205.7 - Patronizing a prostitute with knowledge of being infected with acquired immune deficiency syndrome
        (1) Any person who performs any of the acts described in section 18-7-205 (1), with any person not his spouse, and if such person has been tested for acquired immune deficiency syndrome pursuant to section 18-7-201.5 or 18-7-205.5 or otherwise, and the results of such test indicate the presence of the human immunodeficiency virus (HIV) which causes acquired immune deficiency syndrome, such person commits patronizing a prostitute with knowledge of being infected with acquired immune deficiency syndrome.
        (2) Patronizing a prostitute with knowledge of being infected with acquired immune deficiency syndrome is a class 6 felony.

QUICK SENTENCING GRID
CRS 18-1.3-401 Class 6 Felony Offenses
Classification - Presumptive Sentencing Penalties

FELONY CRIMINAL OFFENSES Presumptive Prison Presumptive Fines
CRS 18-1.3-401 Minimum Maximum Parole Minimum Maximum
Class 6 Felony Classification (F-6) 1 year 18 months 1 year $1,000 $100,000
F-6 Mitigated 6 months 9 months      
F-6 Aggravated 1 year + 1 day 3 years      
  1. two felony convictions - minimum sentence mandatory - no probation  CRS 18-1.3-401(1)(b)(II)

  2. Mitigation - not less than one-half the presumptive minimum sentence  CRS 18-1.3-401(6)

  3. Aggravation - not more than twice the presumptive maximum sentence.  CRS 18-1.3-401(6)

  4. Extraordinary aggravating circumstances - at least midpoint presumptive sentence, not more than twice presumptive maximum sentence.  CRS 18-1.3-401(8)(a)  Examples - crime of violence, on parole - probation or bond when offense committed.  There are many more aggravating circumstances contained in CRS 18-1.3-401(8)

        For more information, I have included an abbreviated summary of statutes regarding criminal sentencing.  It is not intended to be all inclusive, however does contain a summary of basic information pertaining to a range of relevant sentencing penalties. For a summary - refer to

SENTENCING PAGE SENTENCING - PETTY OFFENSE SENTENCING - MISDEMEANOR SENTENCING - FELONY

                Jail sentence to home detention (ankle bracelet) is not prohibited, but is unlikely
                The Court may impose any other condition reasonably related to rehabilitation. 
                A period of probation would not be uncommon.

POTENTIAL DEFENSES

 

Potential Defenses

The most common defenses to a charge of this nature would be factual - that the alleged acts or statements did not occur or that which may have occurred does not fall within prohibited conduct as defined by statutes or ordinances.  For common legal defenses, refer to:

       1.  Entrapment
       2.  Law Enforcement Outrageous Conduct - Due Process Violation
       3.  Jurisdictional Attack

Perhaps you have come from a locale where prostitution is legal.  This is Colorado where it is a crime.  Belief that it should be legalized or arrival from a jurisdiction where permitted are neither affirmative defenses, nor mitigating circumstances, nor relevant.  That's just the way of life in Colorado.  Recognize that fact or be prepared to retain a criminal defense attorney.

REMEDIAL QUICK LINKS
refer to links for information

 

Educational Classes
DUI * MIP * traffic safety * petty theft * domestic violence * anger management * conflict resolution
Public Service - Victim Impact Panel
Alcohol or Drug Assistance - Mental Health - Safe House - STD & HIV Awareness
DMV Forms - Colorado Accident Report - CSPD Accident Cold Report

 

ALCOHOL EDUCATION AND THERAPY TREATMENT AGENCIES

ALCOHOL TREATMENT

ALCOHOL EDUCATION CLASSES - DUI, DEAC or DWAI

NON DRIVING ALCOHOL EDUCATION CLASSES - MIP

PETTY THEFT CLASSES

ACCIDENT REPORTS & DMV FORMS

COMPLETION CERTIFICATES

TREATMENT AGENCIES
DOMESTIC VIOLENCE CLASSES
ANGER MANAGEMENT * CONFLICT RESOLUTION

STD - HIV AWARENESS CLASS
Prostitution

Local Class utilized by Colorado Springs Municipal Court

 

INDEPENDENT SERVICE PROVIDERS

 

        Where relevant, attorney utilizes the services of independent professionals.  Rates of independent providers of professional services change periodically and billings are not controlled by counsel.

 

        If retained by counsel as an agent of the attorney, such independent service providers are protected and bound by the attorney-client privilege and the attorney work product doctrine.  If retained privately by the client, no such agency or confidentiality exists.

 

OTHER POTENTIAL LITIGATION

 
NUISANCE ABATEMENT
Injunction Civil Lawsuit Forfeiture Civil Lawsuit
The State of Colorado may file civil suit to abate (eliminate) a nuisance.
DISSOLUTION OF MARRIAGE
hopefully this web page will not be relevant to you
 

PROSTITUTION CRIMINAL DEFENSE
and potential secondary consequences
DO I NEED AN ATTORNEY?

 

Do I need an attorney?

Probably time to loosen the pocket book and hire a defense attorney.

 

 

Prostitution and related charges or pimping allegations can have very serious, long term consequences well beyond the sentencing order of the judge.

 

Background check examples: post secondary educational program acceptance, employment, security clearance, professional licensing CRS 24-72-305.4, volunteering at your child's or grandchild's school, daycare or social group activities such as boyscouts, girlscouts, etc. CRS 24-72-305.3, caregiver functions, CRS 24-72-305.3, foreign travel visa, firearm purchase (gun collection, hunting or target practice) Federal Brady Bill, concealed weapon permit - this mentions only a few common possibilities.

 

Adoptions - step parent adoption, relative adoption or straight adoption - mandatory background checks of DHS TRAILS, CBI and FBI are required.

 

Every arrest with jailhouse booking results in a report to the Colorado Bureau of Investigation CBI Central Registry.  Background check of this database can be conducted by anyone at any time - CBI records check database is not difficult to find.

 

Every prostitution criminal case court filing results in records with the law enforcement agency, prosecution records and court records.  State judicial records can be checked via LexisNexis or CoCourts and Denver Court.  Municipal courts are not yet on-line, but accessible to the public with a phone call or written request under the Colorado Open Records Act - CRS 24-72-200.1, et. seq. or the Colorado Criminal Justice Records Act - CRS 24-72-301, et. seq..

 

Throughout this webpage, potential forfeiture civil lawsuit has been addressed.  That's a very real possibility, including service of process at a most inconvenient time or location. 

     C.R.Civ.P.4(e) Personal Service. Personal service shall be as follows:
     Upon a natural person whose age is eighteen years or older by delivering a copy thereof to the person, or by leaving a copy thereof at the person's usual place of abode, with any person whose age is eighteen years or older and who is a member of the person's family, or at the person's usual workplace, with the person's secretary, administrative assistant, bookkeeper, or managing agent; or by delivering a copy to a person authorized by appointment or by law to receive service of process. **  C.R.Civ.P.304(d) - county court rules - in accord

     Personal service at one's place of employment is inconvenient, particularly if one's secretary is served.  Has that happened to one of attorney's former clients?  yes

     Personal service upon an adult living at one's residence (the wife) is inconvenient.  Has that happened to one of attorney's former clients?  yes

     Publication.  In the mid 1980s after a criminal case was successfully concluded with sealing eligibility, the DA Office forfeiture division commenced a civil lawsuit against my client seeking the $124.80 fee paid to an undercover female officer allegedly for prostitution services to be rendered.  The DDA attempted but couldn't get personal service of process upon the gentleman who lived in a very small berg out in the western slope toolies.  The DDA didn't call me as former counsel of record in the criminal case to determine whether the man would cooperate and waive service of process in the civil case.  The DDA elected service by publication in the neighboring hub newspaper, a paper of general circulation as notice required by CRS 13-1-125 and C.R.Civ.P.4(g), C.R.Civ.P.304(f).  DDA followed legal protocol and acted within ethical bounds.  Everyone in the area read the paper & knew everyone else's business.  12 gauge shotgun; the client committed suicide.  As of 6/2011 the prosecutor remains with the DA Office, and remains both ethical and aggressive.

     DDAs handling forfeiture lawsuits rotate and new hires come in.  There is no means for any attorney to notify a forfeiture DDA that the private attorney is willing to assist in waiver of service of process to avoid personal service or publication.

     Sealing civil court records is most difficult.  No sealing statute exists for civil court records.  As a protection to civil liberties, our judicial system was founded upon open courts and open court records.  Hopefully no civil forfeiture action will be brought, but if so, sealing civil court records is a an uphill battle which should be fought.  Refer to the sealing link for information, and refer above regarding ease of court records search.

 

If married, a prostitution charge would likely be a significant withdrawal from the First Marital Fidelity Bank and Trust.  A spouse can be a stringent fidelity account manager - dissolution of marriage may be a concern.

 

Websites offering prostitution services may be glamorous, titillating or exciting.  Publishing reviews of services received may give a fellow some sense of empowerment or importance.  However, circumstances surrounding prostitution which attorneys see are neither pretty, nor exotic nor fun.  I assure you this is not a game - it's a costly world of hurt for a defendant service provider or patron.  That's where counsel steps in addressing each legal difficulty or issue which may be encountered.

 

Prostitution and related offenses are considered to be crimes of moral turpitude which may have significant secondary repercussions.  Your ultimate goal should be case conclusion with eligibility to file a petition to seal criminal justice records.  Dismissal or not guilty verdict is insufficient.  Criminal justice records must be sealed to avoid potential secondary consequences.  This is simply beyond the ken of most laymen.  If you'll ever need an attorney in your life, now may be the time.  You may retain my services or the services of another attorney, but hire competent defense counsel.
 
If you are looking for earnest case preparation and representation, please call or email.  However, please look elsewhere if you are seeking an inexperienced or hungry attorney who will open file and run down to negotiate a nominal effort, quick settlement for a cheap fee.  We won't travel that road together.

Terms of First Consultation


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ATTORNEY'S FEES AND COSTS
PROSTITUTION **  PATRONIZING A PROSTITUTE
FELONY PIMPING 
** ORGANIZED CRIME - RACKETEERING

 
PROSTITUTION
patron first offense
no prior related arrests
 
SECOND & SUBSEQUENT OR REGULATORY CODE CHARGES
prior arrest  **  deferred sentence or conviction
advertising  **  prostitution service provider
escort service code charges  **  massage parlor code charges
OTHER MATTERS
DIVORCE
SEALING RECORDS
INJUNCTION  *  FORFEITURE
 
FELONY CHARGES
felony pimping
HIV acts - prostitute & patron
ORGANIZED CRIME - RACKETEERING CHARGES
Colorado Organized Crime Control Act (COCCA)
felony pimping
 

Please call or email if you are looking for earnest case preparation and representation.  However, if you are seeking an inexperienced or hungry attorney who will open file and run down to negotiate a nominal effort - quick settlement for a cheap fee, kindly look elsewhere.  We won't travel that road together.

 

At the time of the first visit, a prospective client will be given a quote for fees and estimated costs. The quote will be honored for a period of seven (7) days, after which quotes are subject to change without notice if this office has not been retained.  Fee quote and costs trust deposit is dependent upon the facts and circumstances of each individual case.  Attorney fee options + litigation costs: 1) hourly attorney fees only  2) settlement flat fee with trailing trial flat fee  3) trial flat fee only  4) hourly fees or flat fee at client's discretion.  Attorney determines options to be offered.  Litigation costs are not included in fees - client's obligation.  Attorney is a sole practitioner with need to manage his caseload.  Pending proposed client acceptance and payment, retainer agreement proposals are subject to withdrawal.  Attorney reserves the right to decline any case.  Refer to:  a) first consultation  b) attorney fees * costs * billings page  c) additional information.

 
 
 
POTENTIAL FEE QUOTE
PROSTITUTION ** PATRONIZING A PROSTITUTE
CRIMINAL DEFENSE
 
 
 
first offense - no prior related arrest, deferred sentence or conviction nor other prior sex offense charges
non-professional  **  no service advertising  ** no charges escort service code or massage parlor code
 
map * travel policy - time & expenses * travel rates click jitney for travel tables
outside El Paso County
 
SETTLEMENT FLAT FEE $1,250
most prostitution first offense cases do not proceed to trial
TRIAL FLAT FEE $4,750
settlement fee previously paid would be deducted  

Allegations of prior conviction or misconduct to be introduced by prosecutors for a collateral purpose would effect a fee quote.  Prostitution does not cause sex offender classification and registered sex offender status if a deferred sentence is accepted.  Given the moral turpitude nature of the charge, trial is more likely than in many prosecutions.  If records can later be sealed, deferred sentence is a possible disposition.  This leaves room for plea negotiations.  Most non-professional prostitution first offense cases plea bargain and do not proceed to trial.

 

hourly fees may be less than offered flat fees, however are not capped and more likely may exceed offered flat fees
hourly fee option election by client --- payment of flat fee + estimated costs total trust deposit required to retain
trust deposit overage - refunded at case conclusion   **   undercapitalization - immediate trust deposit required
CLIENT'S INITIAL ELECTION RE FLAT FEE OR HOURLY FEES SHALL BE BINDING AND FINAL

 

 

attorney does not accept installment payments  *  full payment is due at the time attorney is retained  *  major charge cards accepted

 

prostitution defense flat fees significantly reduced on a temporary basis 11/2011 due to national & local economic conditions
attorney reserves the right to amend or withdraw temporary reduction at any time - refer to above temporary flat fee notice

 

PROSTITUTION ** PATRONIZING A PROSTITUTE
first offense ** non-professional ** no service advertising ** no charges escort service code or massage parlor code

SETTLEMENT - PLEA NEGOTIATION RESOLUTION
 
Colorado Springs Attorney Robert D. Gustafson
ATTORNEY FEES

LITIGATION COSTS DEPOSIT

 
 
 
 
 
 

$ 1,250  
$ 750  
common trust deposit request
including attorney's fees & litigation costs - excluding travel

$2,000*


 
* this shall not constitute an offer, nor be construed as a binding estimate

 
 
PROSTITUTION ** PATRONIZING A PROSTITUTE
first offense ** non-professional ** no service advertising ** no charges escort service code or massage parlor code

 
TRIAL OR CONTESTED PROCEEDINGS
 

Colorado Springs Attorney Robert D. Gustafson
ATTORNEY FEES

LITIGATION COSTS DEPOSIT

 
 
 
 
 
 

$ 4,750  
$ 1,750  
common trust deposit request
including attorney's fees & litigation costs - excluding travel
settlement attorney fees paid would be deducted from trial attorney fees due
additional cost deposit may be requested as trial preparation proceeds & anticipated litigation expenses solidify

$6,500*

 
 
 
 
 

Fee Structure
little more complicated case

* this shall not constitute an offer, nor be construed as a binding estimate
use of professional services or expert witnesses will significantly effect litigation cost expenditure - client's responsibility

Client authorization is obtained for any large cost expense.  Final expenditure may run less or client may periodically be asked for additional amounts to be deposited to trust if fees and costs will exceed previous deposits. 

Client will be provided with a trust accounting and itemized billing statement when there has been activity on the account.  At the end of each case, a detailed accounting summary is provided and remaining trust proceeds are refunded.

trust deposit for anticipated fees & costs is due when retained

attorney does not accept installment payments

regular billings are scheduled on the 1st and 15th
payment not received as agreed = representation withdrawn

 
PARTIAL LIST OF POTENTIAL COSTS
out of pocket costs are the responsibility of the client
e-Filing availability and court mandatory requirements
litigation costs fluctuate - not within attorney control
costs change & below cost information may be obsolete
COLORADO STATE COURT WEBSITE
link to Colorado Judicial Branch website -  current costs
COLORADO STATE COURT COSTS
CRIMINAL & TRAFFIC COURT COSTS
County Court
CRIMINAL COSTS
District Court
CRIMINAL COSTS
    Potential Expenses
Price   Background Search - cost per person searched - client and alleged victim
20.00   Offense Report
10.00   DA Office or City Attorney discovery packet - estimate (actual may be more or less)
25.00   State court jury deposit (some offenses) C.R.Crim.P. 23, CRS 16-10-109 (non-refundable except by acquittal)
25.00   Municipal court jury deposit
10.00   Court records search & copy costs (actual may be more or less)
10.00   Copy expense at courthouse for prior offense files (estimate - may vary)
75.00   Public Service supervision fee
37.50   OJW fee to court (outstanding judgment warrant) - anticipating Integral Recoveries collection agency costs
95.00   DMV reinstatement fee
4.40   DMV clearance letter - certified copy of Colorado driving abstract
1,000.00   Private Investigator initial retainer - variable based upon number of witnesses to interview
200.00   Law enforcement VNI audio or vidoe tapes or recordings - widely variable
200.00   Law enforcement 911 / dispatch records, tapes & transcript - widely variable
200.00   Subpoena process service expense - depends on number of subpoenas issued
$3 per page    Transcriptionist - law enforcement 911 / dispatch audio files & investigator interview audio recordings if relevant
Varies   On-line legal research - dependent upon issues requiring legal research, if any
Rates   Travel time and expenses if the case is outside El Paso County
    Alcohol or Substance Testing & Testimony if Relevant
165.00   Toxicology - BAC Ethanol (alcohol) only
215.00   Toxicology - BAC Ethanol (alcohol) + NaFl (preservative)
consult counsel or lab
 
  Toxicology - UA qualitative or quantitative toxicology screen for marijuana, substance quantitative toxicology screen for marijuana or
                         qualitative and quantitative drug screen
3,000
 
  Laboratory - Toxicologist testimony hourly fees and travel mileage  -  if expert testimony relevant
                          misdemeanor hourly rate $350 - 5 hours travel time + minimum 1.5 hours court time

In every prostitution or pimping case, it is prudent to place law enforcement 911 * dispatch tapes and records, plus other law enforcement records including VNI video or audio tapes made at the time of the alleged offense under subpoena duces tecum.  Expense will depend upon the amount of time the law enforcement agency spends searching dispatch tapes and records.  It is also prudent to have police officer and witness interviews conducted by a private investigator prior to negotiation.

CAVEAT: Not all above costs will be relevant to any given case, and additional expenses not identified may be incurred in any individual case.  Costs quoted are subject to change by independent providers; actual costs paid will be billed.  limited search pricing

 
 
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POTENTIAL FEE QUOTE
PROSTITUTION * ESCORT SERVICE CODE * MASSAGE PARLOR CODE
 
 
 
prior prostitution or related arrest, deferred sentence or conviction or other prior sex offense charges
professional  **  escort or other service advertising via internet or hardcopy publication
prostitution service provider  **  escort service code charges  **  massage parlor code charges
 
map * travel policy - time & expenses * travel rates click jitney for travel tables
outside El Paso County
 
SETTLEMENT FLAT FEE
this type of prostitution case is higher risk for trial
$1,750
 
TRIAL FLAT FEE
settlement fee would be deducted from trial fee
$5,500
 
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