Top 5 Things Nevada Sex Workers Should Know About Their Rights in an Arrest
Are you a sex worker in Nevada? If so, there’s a good chance that you’ve had at least one or two run ins with the police. Although Nevada remains the last place in America with some form of legalized prostitution, the laws are actually much stricter than the public realizes. Even many professional sex workers do not fully appreciate or understand how these prostitution laws work. While people who use the services of a prostitute are also often caught and arrested, most arrests involve isolated first offenses with a relatively low chance of recidivism. For a professional sex worker, however, arrests and convictions can begin to stack up and lead to serious felony charges that can land a person in jail for years.
If you were arrested for solicitation and prostitution in Las Vegas or one of the surrounding counties, you deserve the chance to sit down and speak with a criminal defense lawyer who will listen and help to advocate for your rights and make sure your voice is heard. At Lobo Law, we want you to know the Top 5 things all sex workers should understand about their rights.
#1 – Don’t Speak
You have an absolute right not to talk to police or prosecutors. They can ask you questions, detain you, and even haul you in to jail. But the Sixth Amendment to the U.S. Constitution is extremely clear that you NEVER have to speak to them or answer their questions. Hire a lawyer, and let your attorney discuss your case with you before you ever answer a single question.
#2 – Don’t Plead
There are a lot of things a great defense lawyer can do to help you beat your solicitation charges, but there’s not much that can be done once you already confess and enter a plea agreement. So, talk to a lawyer before signing anything.
#3 – Don’t Assume
Many women who work in the sex trade industry feel isolated, unheard, and victimized by a system of justice that treats them like criminals. In many cases, sex workers live difficult lives and face real threats and dangers every day. Yet, the police seem all too interested to set up stings and raids to target them as criminals. Do not assume that a friendly police officer is actually trying to look out for you. The police can lie, misrepresent, and obfuscate facts in order to get you to say or do things you may not otherwise say or do.
#4 – Talking is Not a Crime
Under Nevada law, prostitution is only legal in licensed brothels, and at last count there were only 21 licensed and legal brothels in Nevada – none of which are in Las Vegas. So, if you are charged with soliciting prostitution in Vegas, it’s probably because you were talking to someone about sex or exchanging money or some other transaction that made the police suspect prostitution. Keep in mind that these types of interactions are often fraught with miscommunications, misinterpretations, and so forth. It’s not a crime to talk about sex. It’s only a crime to exchange it for money.
#5 – You Do Not Have to Consent to a Search of Your Car, Body, or Home
The police have just two options if they want to search you or your property: get a warrant or ask permission. The limited exception is where the police have a reasonable suspicion that a crime is being actively committed or there is a danger to human life. If the police ask to search your property, be respectful, but say no. Force them to either (a) get a warrant or (b) break the law and violate your rights by ignoring the lack of consent. Obviously do not resist arrest or be intentionally obstructive. But you always have a right to say no.
Lobo Law is Here to Help
For those who make a living in the sex trades, it can be difficult to trust people – especially the police and prosecutors. One thing is for certain, though. When you call Lobo Law in Nevada, you’ll have an advocate who is on your side, fighting to help you avoid jail and reduce penalties. No matter what your charges, you have a fundamental right to legal counsel. Contact the Las Vegas prostitution defense lawyers today.