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Prostitution

There are three main types of prostitution and all are illegal under Florida law. Brothel prostitution is legal in a few rural counties in Nevada, but street and escort prostitution are illegal in all other parts of the country. There are no federal statutes that prohibit prostitution, so it is not illegal under federal law. The states are free to deal with it in whatever way they feel is necessary, and it just so happens that Florida is one of the strictest states in the U.S. when it comes to prostitution laws. Florida law enforcement agencies devote immense resources to prostitution stings, as the country recently learned in the 2019 Kraft case. It is not clear however why law enforcement is so invested in these undercover operations. While they may say the real reason is to curtail human trafficking, the Kraft case taught us that police simply want to bust men and women engaged in sex for money. If you have been caught up in an undercover prostitution sting, or arrested for street prostitution anywhere in South Florida, criminal defense attorney Benjamin Herbst is standing by to fight for you in and outside of court. Benjamin is completely devoted to achieving justice for all of his criminal defense clients, and he specializes in prostitution cases. He has successfully represented all types of clients including, family men, professionals and government contractors with security clearances. Benjamin understands that the consequences of criminal prosecution extend far beyond jail time, and he will do whatever it takes to clear his client’s names. Call Benjamin anytime at (954) 543-0305.

Soliciting a prostitute is a first-degree misdemeanor under Florida law, which carries a potential jail sentence of up to 1 year. In addition, anyone convicted of prostitution faces 100 hours of mandatory community service, a potential civil penalty of $5,000 and the possibility of being ordered to attend an educational program on human trafficking. Second and subsequent offenders face a harsh third-degree felony and the potential of up to five years in prison with a mandatory minimum 10 days in jail. Defendants who are arrested for soliciting a prostitute also face the potential of having their vehicle impounded or immobilized for 60 days if it was used in the course of the violation. These punishments are harsher than most other non-violent offenses, which is why it’s extremely important to retain an experienced Florida prostitution lawyer. Benjamin Herbst is standing by to offer a free consultation about how to avoid these potential punishments.

Law enforcement in all Florida jurisdictions including Miami-Dade County, Broward County and Palm Beach County routinely set up undercover prostitution stings by placing advertisements online or by having undercover female officers work the streets. Online advertisements are almost always targeted at men, and will often lure these men to hotels or other public areas where a team of police officers are waiting. Police typically make an arrest upon the individual showing up for the appointment or as soon as an agreement is reached to exchange sexual activity for money the police will make an arrest. Merely showing up constitutes assignation, and is a criminal act under the prostitution laws of Florida. If police choose to wait until an actual agreement is made in person, it is important to know that under the Florida prostitution law sexual activity does not have to mean intercourse, but rather any type of genital sexual touching. If you have been charged with prostitution by responding to an online advertisement, Benjamin Herbst will fight to have your case dismissed. He has the skill and experience defending prostitution charges to know which defenses may apply to your case, and he never backs down from the state. Often times the police will make a premature arrest before any type of agreement for sex is completed, and Benjamin will vigorously cross examine the state’s witnesses to reveal this information. He understands that many men simply make appointments with females for companionship and non-sexual intimacy, but police on the scene will make an arrest regardless. This type of charge will not hold up in court with the help of a skilled South Florida criminal defense lawyer.

In addition to online stings, Florida law enforcement officers also use undercover female officers to pose as street prostitutes. They will typically have one or more units on standby in the area watching the interaction, and will swoop in as soon as a takedown signal is made. Benjamin has defended numerous cases where the signal was given prematurely, and when the male was simply chatting with the undercover. If you have been arrested for soliciting an undercover officer on the street, Benjamin can fight to have your charges dropped or dismissed. He is a South Florida criminal lawyer who specializes in prostitution cases, and does whatever it takes to defend his clients. Benjamin knows has extensive experience in Miami, Broward and Palm Beach Counties, and also represents clients in Martin and St. Lucie County. He is available to meet in his Fort Lauderdale office or any other convenient location from Miami to Port St. Lucie. Call Benjamin today and learn how you can fight back against the state and restore your name and reputation.


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Hiring you was the best decision I’ve made in a long time. Thank you for supporting me and for your willingness to take the state to trial. Another lawyer may have tried to get me to take a plea, but you were ready to fight from day one. I’m so glad to have this case behind me, and have you to thank for it. - R.D.
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I can’t thank you enough for your personal attention to the mess I got myself into. You don't know what a relief it is to be done with this criminal case. I never ever thought I would have been charged with a crime, but having you as my lawyer made the entire situation bearable. You gave me confidence that I would be able to overcome this from day one, and you followed through. Take care of yourself and your family, and thanks again for everything! - S.S.
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