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GUSTAFSON LAW OFFICE
Colorado Springs, Colorado    El Paso County
Robert D. Gustafson  *  Attorney at Law  *  Colorado Springs
 
 
PROSTITUTION DEFENSE ATTORNEY COLORADO SPRINGS
COLORADO SPRINGS PROSTITUTION ARREST & SOLICITING A PROSTITUTE
PATRONIZING A PROSTITUTE, PIMPING, PANDERING & OTHER OFFENSES

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Attorney Vita

Phone (719) 260-1002
Fax (719) 260-1003  **  Toll Free (800) 410-1002
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Retainer Documents Driving Directions Maps to Attorney Travel * Trade Area * Courts
 

COLORADO SPRINGS PROSTITUTION DEFENSE
COLORADO SPRINGS CRIMINAL DEFENSE
Trial Practice 29+ years Colorado State Courts, Colorado Springs Municipal Court & Colorado DMV License Hearings & Appeals

ATTORNEY HOMEPAGE

MUNICIPAL COURT PROSTITUTION MISDEMEANOR General Information Technological, Electronic
or other Surveillance
Surrounding Area Municipal Courts
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
HIV VIRUS - AIDS - STATE COURTS

Acts by Prostitute

 
Acts by Person Patronizing a Prostitute
REGULATORY LAW
Escort Service Code
Massage Parlor Code
LAW ENFORCEMENT TARGET AREAS

Target Area 1
South Nevada Ave

Target Area 2
East Platte Ave

   
POTENTIAL DEFENSES
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Entrapment
*        *        *        *
Law Enforcement Outrageous Conduct
Due Process Violation
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Jurisdictional Attack
OTHER POTENTIAL LITIGATION
hopefully these web pages will not be relevant to you
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Forfeiture Civil Lawsuit
Dissolution of Marriage
STD - HIV Class & Testing Registered Sex Offender
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 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
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attorney does not accept criminal & traffic cases after sentencing unless he defended the underlying case
non-acceptance includes probation revocation, deferred sentence revocation, parole violation or appeal  **  eligible sealing and collateral attack cases accepted
 

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GENERAL INFORMATION
CRIMINAL DEFENSE
CRIMES OF A SEXUAL NATURE

        This page 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

 
 
 
 

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 on-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.

BASIC INFORMATION
please refer to the below links for basic information regarding defense of criminal & traffic cases

Search & Seizure Defendant Demeanor Bail Bond Independent Service Providers Advice from Laymen

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. For a summary - refer to

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

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

        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).

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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
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 

        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
     

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

 
****************************** ****************************** ******************************

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

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. For a 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

 
****************************** ****************************** ******************************

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

 
****************************** ****************************** ******************************

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.

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

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

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).

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

Robert D. Gustafson
Attorney At Law
Colorado Springs, Colorado

Phone (719) 260-1002

Fax (719) 260-1003

Toll Free (800) 410-1002

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PROSTITUTION DEFENSE

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        NOTICE: It is the policy of the presiding judge in Palmer Lake Municipal Court not to accept negotiated plea settlements.  If charges are filed in this court, counsel must prepare for trial; trial fees and costs would be quoted.

        Municipal courts do not have the availability of e-Filing as do state district courts, however some of the local area smaller municipal courts have now come into the 21st century by accepting pleadings and filings via email and payment of fines and costs via bank on-line bill pay.  Depending upon court policy regarding entry of plea via email and e-payment subsequent to negotiation without the necessity of physical appearance, travel time & mileage may possibly be avoided.  Not all courts permit this.

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
     

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.

 

        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. 

        We all know the Gazette-Telegraph closed out the "escort" ads years ago.  Simply advertising an escort service in the Independent can place a person in significant difficulties if the advertiser doesn't possess an escort bureau license.  Same applies to the various internet sites which are notorious for prostitution advertising, such as Sowet, TOB The Other Board, Craigslist, Colorado Springs Escorts or Colorado Adult Open Directory.  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.  Defense counsel recommends that any such advertising should not exist unless it is an advertisement for lawful escort services pursuant to 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.

 

 

        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 Licensed Persons

TECHNOLOGICAL SURVEILLANCE 
ELECTRONIC SURVEILLANCE
OTHER SURVEILLANCE
refer to link for information
some methods are utilized by CSPD Metro VNI in prostitution sting operations
and pimping investigations

REGISTERED SEX OFFENDER
refer to link for information

 

ADVICE BY LAYMEN
advice by unsupervised paralegals or street corner lawyers

SEALING CRIMINAL JUSTICE RECORDS

refer to links for additional information in separate web page

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.

 

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 OFFENSE SENTENCING - MISDEMEANOR SENTENCING - FELONY

All sentences may include assessment / evaluation at a state certified agency and must include domestic abuse counseling. CRS 18-6-801(1)(a) and CRS 16-11.8-104
                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.

 

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.

 

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

All sentences may include assessment / evaluation at a state certified agency and must include domestic abuse counseling. CRS 18-6-801(1)(a) and CRS 16-11.8-104
                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 - Police Outrageous Conduct - Due Process Violation
       3.  Jurisdictional Attack

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
 

INDEPENDENT SERVICE PROVIDERS
private investigators * process service * laboratories * transcription
refer to attorney-client privilege and attorney work product doctrine

ADVICE BY LAYMEN
forewarned is forearmed
advice by unsupervised paralegals & street corner lawyers

PROSTITUTION CRIMINAL DEFENSE
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 offenses are considered to be crimes of moral turpitude.  Your goal when the case is concluded should be eligibility to file a petition to seal criminal justice records.  This is simply beyond the ken of most laymen.  You may retain my services or the services of another attorney, but hire defense counsel.

ATTORNEY'S FEES AND COSTS
DEFENSE OF PROSTITUTION OR PATRONIZING A PROSTITUTE
OTHER CRIMES OF A SEXUAL NATURE

        At the time of the first visit, a prospective client will be quoted attorney's fees and estimated costs. The quote will be honored for a period of seven (7) days, after which it is subject to change without notice if this office has not been retained.  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.
 
        In most circumstances, attorney initially makes an option offer of 1.) billing to be upon hourly fees, or in the alternative, 2.) quote of a settlement flat fee or a trial flat fee.  Attorney reserves the right to quote hourly fees only without a flat fee offer, or hourly and trial flat fee options only. 
ELECTION. Offered fee options will be up to the client, however client's initial election will be final.
 
        Included in attorney's primary website is a web page devoted to clear definition & understanding of free
first consultation, fees and costs, retainer agreement and terms of representation.  Additional information regarding fees & costs may be found via the links following potential quotes.

POTENTIAL FEE QUOTE
CRIMINAL DEFENSE
PROSTITUTION OR PATRONIZING A PROSTITUTE
SETTLEMENT FLAT FEE
would be deducted from trial flat fee
$2,000
 
TRIAL FLAT FEE
settlement fee would be deducted
$4,500
 

I generally offer hourly fees or a settlement flat fee.  Given the moral turpitude nature of the charge, trial is more likely than in many prosecutions.  However the case may plea bargain and not proceed to trial.  The settlement flat fee would be dependent upon the facts and circumstances of the case.  The above would be a common quote.  Allegations of prior conviction or misconduct to be introduced by prosecutors for a collateral purpose would effect a quote. This shall neither constitute an offer, nor be construed as a binding estimate.
 

Prostitution does not cause sex offender classification and registered sex offender status if a deferred sentence is accepted.  If records can later be sealed, deferred sentence is a possible disposition.  This leaves room for plea negotiations.

Trial flat fee would be dependent upon the facts and circumstances of the case, however the above would be a common quote.  This shall neither constitute an offer, nor be construed as a binding estimate.

Prostitution cases are a hybrid between usual settlement preparation and full trial preparation.  It is prudent to file a motion for discovery and issue subpoena duces tecum upon the law enforcement VNI, dispatch, records & crime lab to obtain all investigative notes & reports, audio & visual surveillance tapes.  It is also prudent to photo relevant scenes & have an investigator interview all potential witnesses.

frequent trust deposit request regarding fees & costs

 

PAYMENT

Prior to commencement of representation, the attorney will quote the amount requested as a trust deposit against which attorney's fees and costs may be billed.  The requested trust deposit will be dependent upon the facts and circumstances of your case.

Colorado Springs Attorney Robert D. Gustafson
ATTORNEY FEES

LITIGATION COSTS DEPOSIT
 
$       2,000   
$       1,000   
 
settlement common trust deposit request
including attorney's fees & litigation costs - excluding travel
map * travel policy - time & expenses * travel rates

settlement trust deposit would be deducted from trial trust deposit
 

OR

$3,000*

 

Colorado Springs Attorney Robert D. Gustafson
ATTORNEY FEES

LITIGATION COSTS DEPOSIT

 
$       4,500   
$       1,500   
 
trial common trust deposit request
including attorney's fees & litigation costs - excluding travel
Additional cost deposit may be requested as trial preparation proceeds &
anticipated litigation expenses solidify
map * travel policy - time & expenses * travel rates

$6,000*

defense of prostitution or patronizing a prostitute
* this shall not constitute an offer, nor be construed as a binding estimate

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
if fees and costs are not paid as agreed, representation is withdrawn

 
PARTIAL LIST OF POTENTIAL COSTS
out of pocket costs are the responsibility of the client
note: costs change & below cost information may be obsolete
link to Colorado Judicial Branch website -  current costs information published by state
COLORADO STATE COURT COSTS
direct link to criminal or traffic court costs - costs change & lists may be obsolete
COUNTY COURT CRIMINAL COSTS DISTRICT COURT CRIMINAL COSTS
    Potential Expenses
Price   Client Background Search
20.00   Offense Report
25.00   DA Office or City Attorney discovery packet - estimate (actual may be more or less)
25.00   State court jury deposit - (offenses M-3 - 6 months or less jail - 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 referral costs
500.00   Private Investigator initial retainer - variable based upon number of witnesses to interview
200.00   Law enforcement 911 / dispatch records, tapes & transcript - widely variable
200.00   Law enforcement VNI audio or vidoe tapes or recordings - 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
160.00   Toxicology - BAC Ethanol (alcohol) only
210.00   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  -  rates as of 5/24/05
                          misdemeanor hourly rate $350 - 5 hours travel time + minimum 1.5 hours court time
NOTE
It is prudent to procure law enforcement VNI video or audio tapes made at the time of the alleged offense and
to conduct police officer interviews by a private investigator prior to pre-trial conference

In every prostitution or pimping case, it is prudent to place law enforcement 911 * dispatch tapes and records, plus other law enforcement records under subpoena duces tecum.  Expense will depend upon the amount of time the law enforcement agency spends searching dispatch tapes and records.

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

 
 
****************************** ****************************** ******************************
 
POTENTIAL FEE QUOTE
CRIMINAL DEFENSE
COLORADO ESCORT SERVICES CODE   OR   COLORADO MASSAGE PARLOR CODE
SETTLEMENT FLAT FEE
would be deducted from trial flat fee
$2,500
 
TRIAL FLAT FEE
settlement fee would be deducted
$5,500
 

I generally offer hourly fees or a settlement flat fee.  Given the moral turpitude nature of the charge, trial is more likely than in many prosecutions.  However the case may plea bargain and not proceed to trial.  The settlement flat fee would be dependent upon the facts and circumstances of the case.  The above would be a common quote.  Allegations of prior conviction or misconduct to be introduced by prosecutors for a collateral purpose would effect a quote. This shall neither constitute an offer, nor be construed as a binding estimate.
 

Escort service code and massage parlor code violations do not cause sex offender classification and registered sex offender status if a deferred sentence is accepted.  If records can later be sealed, deferred sentence is a possible disposition.  This leaves room for plea negotiations.

Trial flat fee would be dependent upon the facts and circumstances of the case, however the above would be a common quote.  This shall neither constitute an offer, nor be construed as a binding estimate.

Escort service code and massage parlor code violation cases are a hybrid between usual settlement preparation and full trial preparation.  It is prudent to file a motion for discovery and motion for issuance of a subpoena duces tecum upon the law enforcement VNI, dispatch, records & crime lab to obtain all investigative notes & reports, audio & visual surveillance tapes.  It is also prudent to have an investigator interview all potential witnesses.

frequent trust deposit request regarding fees & costs

 

PAYMENT

Prior to commencement of representation, the attorney will quote the amount requested as a trust deposit against which attorney's fees and costs may be billed.  The requested trust deposit will be dependent upon the facts and circumstances of your case.

Colorado Springs Attorney Robert D. Gustafson
ATTORNEY FEES

LITIGATION COSTS DEPOSIT
 
$       2,500   
$       1,000   
 
settlement common trust deposit request
including attorney's fees & litigation costs - excluding travel
map * travel policy - time & expenses * travel rates
settlement trust deposit would be deducted from trial trust deposit
 

OR

$3,500*

 

Colorado Springs Attorney Robert D. Gustafson
ATTORNEY FEES

LITIGATION COSTS DEPOSIT
 
$       5,500   
$       1,500   
 
trial common trust deposit request
including attorney's fees & litigation costs - excluding travel
Additional cost deposit may be requested as trial preparation proceeds &
anticipated litigation expenses solidify
map * travel policy - time & expenses * travel rates

$7,000*

criminal defense of escort service code or massage parlor code charges
* this shall not constitute an offer, nor be construed as a binding estimate

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
if fees and costs are not paid as agreed, representation is withdrawn

COSTS
refer to costs identified above - follow link
 
 
****************************** ****************************** ******************************
 
POTENTIAL FEE QUOTE
CRIMINAL DEFENSE - OTHER SEXUAL CRIMES
SETTLEMENT FLAT FEE
would be deducted from trial flat fee
$TBD*
 
TRIAL FLAT FEE
settlement fee would be deducted
$TBD*
 

I generally offer hourly fees or a trial flat fee.  Cases other than prostitution or attempting to procure the services of a prostitute may be more serious and may involve felony charges.  Such cases may be non-negotiable.  In an unusual circumstance, you may be quoted a settlement flat fee to investigate and plea bargain with prosecutors in the court criminal charges.  Due to varying facts & circumstances, it is not possible to issue a blind ballpark estimate.

frequent trust deposit request regarding fees & costs

When a charge results in sex offender classification and registered sex offender status if a deferred sentence is accepted, defendant pleads guilty to or is convicted of  any offense (including a non-sexual offense), this type of case is commonly non-negotiable.

Trial flat fee would be dependent upon the facts and circumstances of the case, however the above would be a common quote.  This shall neither constitute an offer, nor be construed as a binding estimate.  

TBD*  To Be Determined

 

PAYMENT

Prior to commencement of representation, the attorney will quote the amount requested as a trust deposit against which attorney's fees and costs may be billed.  The requested trust deposit will be dependent upon the facts and circumstances of your case.

Colorado Springs Attorney Robert D. Gustafson
ATTORNEY FEES

LITIGATION COSTS DEPOSIT
 
$     
TBD   
$     
TBD   
 
settlement common trust deposit request
including attorney's fees & litigation costs - excluding travel
map * travel policy - time & expenses * travel rates
settlement trust deposit would be deducted from trial trust deposit
 

OR

$TBD*

 

Colorado Springs Attorney Robert D. Gustafson
ATTORNEY FEES

LITIGATION COSTS DEPOSIT
 
$     
TBD   
$     
TBD   
 
trial common trust deposit request
including attorney's fees & litigation costs - excluding travel
map * travel policy - time & expenses * travel rates
settlement trust deposit would be deducted from trial trust deposit
Additional cost deposit may be requested as trial preparation proceeds &
anticipated litigation expenses solidify

$TBD*

other sexual crimes defense
* this shall not constitute an offer, nor be construed as a binding estimate

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
if fees and costs are not paid as agreed, representation is withdrawn

COSTS
refer to costs identified above - follow link
It is generally prudent to procure law enforcement video or audio tapes and
to conduct police officer interviews by a private investigator prior to pre-trial conference

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

 
 
Thank you for considering my services; I appreciate your inquiry.
 
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First Consultation Accounting Structure Hourly Fees Costs Flat Fee - Definition
Settlement Phase Contested Phase Settlement Flat Fee Trial Flat Fee
Flat Fees - Phases Earned Compare Hourly vs Flat Fees Client's Election Final Travel Time & Expenses
Security for Fees & Costs Trust Account Withdrawal or Termination Alternatives to Private Counsel
Client Duty to Disclose Omission or Non-Disclosure Attorney Selection Retaining Gustafson Advice by Laymen

please feel free to call or email if you are a client or are seeking representation

DISCLOSURES
Privacy
 
Notice & Disclaimer
 
Ethics & Client Disclosures
 applicable whether site visitor
reads or not

 
INITIAL CONSULTATION TERMS
not an offer for legal advice - refer to link
attorney is a sole practitioner with need to manage his caseload
attorney reserves the right to decline any legal matter

PRIMARY WEBSITE

 

GUSTAFSON LAW OFFICE TOPICAL WEBSITES

DUI DEFENSE - DWAI & DEAC DRUNK DRIVING DEFENSE MIP - UNDERAGE ALCOHOL TRAFFIC TICKET DEFENSE DRIVING UNDER RESTRAINT SPEEDING TICKET DEFENSE
HIT AND RUN DEFENSE DRIVER LICENSE DEFENSE CRIMINAL DEFENSE PROSTITUTION DEFENSE DOMESTIC VIOLENCE DEFENSE
SEALING CRIMINAL RECORDS NUISANCE FORFEITURE DEFENSE SHOPLIFTING - THEFT DEFENSE
FAMILY LAW DISSOLUTION OF MARRIAGE COLORADO DIVORCE LEGAL SEPARATION STEP-PARENT ADOPTION GRANDPARENT ADOPTION
PATERNITY - LEGAL PARENTAGE CHILD SUPPORT SUPPORT ENFORCEMENT RESTRAINING ORDERS DEBT COLLECTION PRIVATE INVESTIGATORS

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 Serving Colorado Springs Area Zip Codes

80918 80920 80919 80917 80915 80908 80132 80909 80913 80916 80921 80922 80925 80901 80902 80903 80904 80905 80906 80907 80910 80911 80912 80914 80921 80926 80928 80929 80930 80931 80933 80934 80935 80936 80937 80940 80941 80942 80943 80944 80945 80946 80947 80949 80950 80960 80962 80970 80977 80995 90997
 

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Website Copyright © 2003 - All Rights Reserved - Document Revised September 01, 2010
mountains photo image, attorney photo image & law office logo copyright © Robert D. Gustafson - all rights reserved - no copyright claimed to other images
Website Initial Publication Date: October 18, 2003 - Republication Date: January 29, 2010

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