Call Portland attorney David Lesh today at 503.546.2928 if you need an experienced lawyer to assist you with an Oregon ORS 167.008 charge.

Former prosecutor dedicated to criminal defense.
More than 26 years as an Oregon attorney.
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(503) 546-2928

THE OREGON COMMERCIAL SEXUAL SOLICITATION OFFENSE GUIDE

OREGON CRIMINAL LAW GUIDE PORTLAND ORS 167.008 LAWYER OREGON SOLICITATION LAWS PROMOTING AND COMPELLING LAWS
"I defend people facing commercial sexual solicitation and related charges in all courts in the greater Portland Oregon area."

I just got cited for an Oregon commercial sexual solicitation charge.  What happens now?

 

If you were arrested / cited for a commerical sexual solicitation (formerly known as "patronizing a prostitute") charge, you were probably given a citation or release agreement directing you to appear in court at a future date.  This offense is a misdemeanor crime.  The statute is found at ORS 167.008.  You must appear at the date and time noted or a warrant will be issued for your arrest.  In certain counties, such as Multnomah County, Clackamas County, and, sometimes, Washington County, if you hire a private attorney prior to your first appearance on a misdemeanor charge, your lawyer may be able to appear on your behalf.

 

If you were arrested for a promoting prostitution or compelling prostitution, you will most likely be booked into custody and brought before a judge the next business day.  These are felony crimes and require your personal appearance.  Compelling prostitution is a Measure 11 offense and usually has a high bail amount.

 

How is the crime of commercial sexual solicitation committed?

A person commits the crime of commercial sexual solicitation (formerly known as "patronizing a prostitute") if a person pays, or offers or agrees to pay, a fee to engage in sexual conduct or sexual contact.  ORS 167.008.  Law enforcement most often sets up a "sting" operation by placing an ad on a website like backpage.com.  Communication is made.  The John travels to the motel, and an arrest is made.

How much jail time will I have to do if I am convicted?

By definition, conviction of any criminal offense comes with the possibility of jail / prison time.  However, some convictions result in no custody sentence, and that is often the case with the crime commercial sexual solicitation.  The amount of incarceration (jail) received will depend on a number of factors, including (but not limited to) the following:

•  the crime for which you're convicted;

•  your criminal history (especially prior prostitution related offenses), if any;

•  which Oregon county or municipal court your case is in;

•  what judge you are sentenced by;

•  whether the judge feels you have accepted responsibility for your actions.

 

The felony crime of promoting prostitution comes with the possibility of jail time or prison time depending on a number of factors.  Persons convicted of compelling prostitution face a minimum sentence of 70 months in prison under Ballot Measure 11.

 

I am cited to appear in "community court" in Multnomah County.  What does this mean?

 

If you were arrested for a misdemeanor prostitution related offense (including commercial sexual solicitation under ORS 167.008) in Multnomah County, you likely will be cited to appear in community court.  Community court offers eligible defendants the opportunity to obtain a dismissal of a ORS 167.008 charge if they remain crime free for six months and attend an expensive one day Johns' Class.  [Note:  If you live out of state or are a non-citizen (eg H-1B visa holder) and you hire attorney David Lesh you may be able to avoid all of your court appearances if you enter this diversion (first offender) program.]  This program is referred to as the First Offender Prostitution Program or FOPP.

 

How can I avoid a conviction for commercial sexual solicitation / patronizing / prostitution?

 

Aside from the Multnomah County Community Court (FOPP diversion) program, the only way to avoid a conviction is usually to take your case to trial and win. 

 

The best way to avoid a conviction of course is to not get arrested for the charge.  Numerous local law enforcement agencies (including the Portland Police Bureau) are conducting periodic backpage.com undercover sting operations.  These operations usually involve an undercover officer posting an ad.  A "deal" is then made with a prospective John over a recorded telephone call or through an email / text message exchange.  When the John arrives at the meeting place (usually a hotel / motel room / house), he is greeted by a number of arresting officers.  His cell phone is then seized and searched for the telephone number and / or text messages.

 

In another twist, law enforcement officers sometimes ask the John to bring some type of controlled substance.  If done, this usually results in one or more felony charges for DCS (delivery of a controlled substance) and PCS (possession of a controlled substance).  Suburban cities (including Tigard and Beaverton) with absolutely no prostitution problems use these stings so that their agencies can issue a press release and make a media splash. 

 

Can I expunge or seal a patronizing / commercial sexual soliciatation conviction?

 

The crimes of commercial sexual solicitation / patronizing / prostitution are eligible to be expunged or sealed if the applicant meets the eligibility requirements.  A conviction for compelling prostitution cannot be expunged. 

 

I had money (and a cell phone) seized by the police.  Will I be able to get it back?

 

Typically Mr. Lesh will be able to get monies seized returned at the end of the case.  If you enter the first offender program, your cell phone will likely be released after your second court appearance.

 

My name / arrest is on various websites.  Can I remove it?

 

This is one of the most common types of questions criminal defense lawyers receive especially with a commercial solicitation charge.  The short answer is that unfortunately most things on the internet cannot be removed.  If your case is dismissed or later expunged, you will likely have more luck than if you were convicted.

 

The best resource I have found is this blog post from Abine, Inc.  Follow those tips.  Pay particular attention to the advice of putting up positive content about yourself.  Well optimized positive content will "push down" negative content in the search engine results.  Many "reputation management" companies use this technique.  You can save money by self-publishing positive content about yourself.

 

Have you removed your browsing history lately?

 

If you're charged with this offense and looking for a lawyer, its probably a good idea.  This article from The Telegraph may be helpful.

 

How do I contact David Lesh for help with my commercial sexual solicitation case?

 

Mr. Lesh does not charge for an initial consultation.  Call his office at 503.546.2928 to speak with him.  Mr. Lesh's office is located at 434 NW 19th Avenue in Portland.

 

If your case is in Multnomah County and you live out of state, Mr. Lesh may be able to make all of your court appearances without you having to personally appear.

 

Call Mr. Lesh today for a consultation.
David N Lesh
Oregon Commercial Sexual Solicitation Lawyer
Former Oregon prosecutor
No cost initial consultation




503.546.2928
434 NW 19th Avenue
Portland, OR  97209

 

 


 

David Lesh Mini Biography

Oregon attorney since 1990;

Former Multnomah County prosecutor;

Former Portland Police attorney;

Sought after criminal defense attorney.

 

David Lesh Attorney Reviews

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Prostitution

Patronizing a Prostitute

Commercial Sexual Solicitation

ORS 167.008 / 167008

Promoting Prostitution

Compelling Prostitution

Sex Trafficking

FOPP

CSS

 

 

 

State of Oregon

 

Multnomah County

Clackamas County

Washington County

 


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Websites, including this one, provide general information but do not provide legal advice or create a lawyer / client relationship.  Consult qualified Oregon prostitution lawyers / attorneys for advice about any specific problem that you may have.  Oregon defense lawyers are governed by the Oregon Code of Professional Responsibility.  This website may be considered an advertisement for services under the Code of Professional Responsibility.  Information contained in this website is believed to be accurate but is not guaranteed.  By David N Lesh, info@davidlesh.net.  All reviews and testimonials on this site are real and were unsolicited.  167008 / 167.008

 

David Lesh provides prostitution defense assistance to the communities of:  Portland Ore., Portland OR, NW Northwest, SW Southwest, SE Southeast, NE Northeast, and N North; Gresham; Beaverton; Hillsboro; Tigard; Lake Oswego; McMinnville; Oregon City; Tualatin; West Linn; Woodburn; Milwaukie; Forest Grove; Wilsonville; Troutdale; Sherwood; Canby; and Multnomah County; Clackamas County; and Washington Counties.  Read our privacy statement.  Mr. Lesh accepts American Express, Discover, Visa and MasterCard and other credit cards / card.  Copyright 2017, 2016, 2015, 2014, 2013, 2012, 2011, 2010. 2009, 2008, 2007.