PROSTITUTION LAWYER MIAMI, FL

PROSTITUTION CHARGES IN FLORIDA

Prostitution is the sale of sexual favors or acts between unmarried persons. If a police officer arrests these individuals under suspicion of committing acts that may constitute prostitution, they could be left to face lengthy court procedures. Not to mention, this type of offense carries severe penalties, which may include substantial fines, probation, jail time, or any combination of these. Because of the sexual nature of the charges, prostitution is often categorized as a sex crime in Florida.

Get the defense you need with our Miami prostitution attorneys at Hager & Schwartz, P.A. Contact us at (786) 756-6406 to schedule an initial consultation.

What Acts Constitute Prostitution in Florida?

Prostitution occurs whenever money changes hands for the promise that one or both parties will provide a sexual favor in return. However, did you know that the law can also prosecute individuals who engage in acts that may lead to prostitution? You might be curious about how the law views these actions and whether they are deemed unlawful.

Under Florida Statutes § 796.07, prostitution is defined as “the giving or receiving of the body for sexual activity for hire.” However, the law extends well beyond that single act. It also makes it illegal to offer, agree to engage in, or arrange for another person to take part in any form of prostitution or what the statute refers to as indecent or lewd acts. Even actions such as driving someone to or from a location for prostitution can result in criminal charges.

In other words, you don’t have to be caught “in the act” to face prosecution. Simply agreeing to exchange sexual activity for money—or any form of value—may be enough to result in an arrest. That means conversations, text messages, or surveillance during sting operations can all serve as the basis for a criminal charge.

Examples of acts that could constitute prostitution or solicitation charges include the following:

• Causing or forcing another to commit prostitution
• Hiring someone else to perform an act of prostitution
• Being in the same location or present where prostitution is taking place
• Owning, renting, or providing a space for prostitution to occur
• Transporting another to a location to engage in prostitution

Then, there’s the issue of escort services, which operate in a legally ambiguous area. Escort companies usually advertise companionship for hire, and on the surface, this is not illegal. However, are escorts legal in Miami?

The answer depends on the context. Escorts who provide non-sexual companionship services generally operate within the law. However, if anything indicates that sexual services are being offered—whether explicitly or implied through coded language or pricing structures—law enforcement may interpret the transaction as prostitution. That’s when things can quickly escalate into a criminal investigation—and possibly an arrest.

Unfortunately, what one person perceives as a casual encounter or business transaction, law enforcement may consider a criminal offense. Many of these cases depend on assumptions, interpretations, or online interactions that are taken out of context.

The complexities of these cases can render them particularly frustrating and emotionally overwhelming. Many individuals charged with prostitution-related offenses feel misunderstood or unfairly targeted.

We recognize that these situations often entail more than just legal repercussions; they impact your reputation, livelihood, and peace of mind. Our Miami sex crime lawyers use their background as former prosecutors to analyze the state's evidence, challenge questionable tactics used in stings, and build smart, aggressive defenses designed to protect your rights and restore your reputation.

Penalties for Prostitution and Solicitation Charges in Florida

Facing charges for prostitution or solicitation in Florida is a serious issue—one that can lead to long-lasting consequences that extend well beyond a court date. Depending on your background and the specifics of the alleged offense, the penalties can escalate quickly, affecting your freedom, finances, and future opportunities.

For a first-time offense, prostitution or solicitation is a second-degree misdemeanor, punishable by up to 60 days in jail and fines of up to $500. While this may seem minor compared to other criminal charges, even a misdemeanor conviction can result in a criminal record, mandatory court appearances, and a lasting social stigma.

If you’ve been convicted before, the consequences become more severe:

• A second offense is a first-degree misdemeanor, carrying a potential penalty of up to one year in jail and a fine of up to $1,000.
• A third or subsequent offense is a third-degree felony, carrying penalties of up to five years in prison and fines of up to $5,000.

In addition to jail time and fines, courts often impose mandatory testing for sexually transmitted infections, educational or rehabilitation programs, and lengthy probation periods. In some instances—particularly those involving minors, coercion, or trafficking—individuals may even face sex offender registration, a life-altering consequence accompanied by restrictive conditions and social repercussions.

Our prostitution attorneys understand that many individuals facing these charges feel overwhelmed, ashamed, or scared about what comes next. That’s why we approach every case with legal precision and genuine compassion.

As former state prosecutors, our Miami prostitution lawyers leverage our insider knowledge to build strategic defenses aimed at reducing or eliminating the charges you face. Whether that involves negotiating for a reduced sentence, pursuing diversion programs, or contesting the legality of an arrest, our priority is to minimize the impact on your life and help you move forward with dignity and confidence.

Defenses Against Prostitution and Solicitation Charges

Prostitution and solicitation cases often depend on nuance—what was said, what was implied, and how law enforcement interpreted the situation. Behind every accusation lies a human being whose story deserves to be heard and whose rights must be protected.

Several defense strategies can be used to challenge prostitution and solicitation charges in Florida.

The right approach depends on the facts of your case, but some of the most effective defenses include:

• Entrapment: Many of these cases start with undercover operations. If law enforcement officers persuaded or pressured you into committing an offense you otherwise wouldn’t have committed, this may qualify as entrapment. It’s a strong defense, especially in sting scenarios where the line between investigation and coercion is often blurred.
• Lack of intent: Prostitution and solicitation charges require proof of an explicit agreement to exchange sexual activity for money or something of value. If no intent to engage in a sexual act exists, or if the communication is vague, misunderstood, or misinterpreted, that can serve as a strong defense.
• Insufficient evidence or miscommunication: In some cases, there isn’t enough credible evidence to support the charges. Text messages taken out of context, unclear verbal exchanges, or assumptions made by undercover officers can all be subject to scrutiny.
• Violation of rights during arrest: If law enforcement violated your constitutional rights—such as through an unlawful search, failure to provide Miranda warnings, or coercive tactics—any evidence they collected as a result may be inadmissible in court.

As former state prosecutors, we’ve viewed these cases from both sides of the courtroom. We understand how officers plan sting operations, how prosecutors construct their cases, and—most importantly—where those cases frequently falter. This insight enables us to develop defense strategies designed to uncover weaknesses in the prosecution’s approach.

Regardless of the charge, you deserve a legal team that will approach your case with the urgency, respect, and discretion it requires. We are committed to safeguarding your rights, your reputation, and your future.

Why Hire Our Miami Prostitution Attorneys?

Collectively, our attorneys, Brett Schwartz and John Hager, have nearly 50 years of experience. At Hager & Schwartz, P.A., we have worked in various levels of Florida’s courts and have represented clients charged with misdemeanors, felonies, and other serious crimes in front of hundreds of jury trials. Both attorneys are also AV® Rated by Martindale-Hubbell® and have achieved numerous charge reductions as well as case acquittals.

Do not let a serious criminal charge affect you—contact us at (786) 756-6406! Our Miami prostitution lawyers are ready to help.