Can a friend get arrested or subpoenaed for soliciting prostitution where an agreement was made via text?
There was an agreement for exchange of services, and they did arrive to the location. They had a change of heart though because it wasn't something they normally engage in and left. There was a patrol car that pulled up behind them and patrolled the area but they didn't get arrested, cited, or questioned. Are the text messages enough to get subpoenaed and charged? Would law enforcement file a report to the DA even with no arrest?
I would not worry about it. Many local law enforcement agencies conduct stings, just like the one you described. The alleged woman on the other side of the text is typically some dude with a badge. And yes they will be waiting for you to arrive to make the arrest. You got lucky this time for some reason. Maybe there was a bigger fish to catch that day. You won't be subpoena, but they may follow up and ask questions. If they do you should not answer any questions. Identify yourself and tell them that you don't answer questions. Leave it at that.
The response above is general information related to law and not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query...
From these very limited facts I doubt your friend will have any problems. The texts would require an agreement to engage in sexual activity for money. This type of arrest is normally accomplished by having a man solicit an undercover policewoman face to face. How would they prove your friend wrote the texts?
Yes. Text messages can be used as evidence to charge someone with a crime. Police routinely file a report and submit info to a DA without arresting a person on the spot.
Your friend needs to hire an attorney.
These answers provided by Sean P. Martin, Esq. are not intended nor shall it be deemed to be the rendering of legal advice. The answers above are given based on the information provided, which is insufficient to give meaningful legal advice. These answers shall not be construed as part of the creation of an attorney-client relationship, nor shall it impose an obligation on the part of the attorney to respond to further inquiry. The Questioner has responsibility of obtaining legal advise from an attorney and is urged to do so.
