Duluth Prostitution Attorney | MN 609.324 Lawyer

Fighting a Prostitution Accusation in Duluth with a Dedicated Defense Attorney

The moment you’re accused of a crime, especially something as stigmatizing as patronizing prostitution, your world in Duluth shatters. One minute, you’re living your life, navigating the familiar streets of Northern Minnesota, and the next, you’re thrust into a nightmare of police interrogations, hushed rumors, and the crushing weight of a potential criminal charge. This isn’t just a legal issue; it’s a deeply personal crisis that reverberates through every aspect of your existence. The fear is palpable: fear for your reputation, fear for your livelihood, fear for the judgment of your neighbors in Proctor or Two Harbors, and overwhelming dread about the impact on your family. You feel isolated, exposed, and utterly alone against the immense power of the state.

But here’s the truth: an accusation is not a conviction. It is the beginning of a fight, not the end of your life. The state might have its charges, but you have rights, and you have options. When the police come knocking, when the prosecutor builds their case, they are operating from a position of perceived strength, banking on your fear and your lack of understanding of the legal system. They want you to believe that resistance is futile. But I know better. I see the path forward, a path forged through strategic defense and an unwavering commitment to protecting your future. This is the moment to stand up, to push back, and to demand that your side of the story be heard.

The Stakes: What a Conviction Truly Costs

Your Permanent Criminal Record

A conviction for patronizing prostitution, even a gross misdemeanor, can brand you with a permanent criminal record that follows you for the rest of your life. This isn’t just about a court fine or a few months of probation; it’s about a mark on your record that can show up in background checks for years to come. Imagine applying for a new job, seeking a promotion, or even volunteering at your child’s school in St. Louis County. That criminal record will be there, a constant shadow, potentially leading to immediate disqualification or intense scrutiny. It paints a picture of you that may be far from the truth, yet it becomes the official narrative the world sees. This isn’t a temporary inconvenience; it’s a fundamental change to your public identity.

Loss of Second Amendment Rights

For those who value their right to bear arms, a conviction for certain prostitution-related offenses can have devastating consequences. Federal and state laws often prohibit individuals convicted of specific misdemeanors and all felonies from owning or possessing firearms. If you’re a hunter, a sport shooter, or simply believe in your right to self-defense, a conviction under Minnesota Statute 609.324 could strip away that fundamental right. This isn’t just an abstract legal principle; it’s about losing a freedom that many in Northern Minnesota hold dear, impacting your ability to participate in activities you enjoy and feel secure in your own home.

Barriers to Employment and Housing

In today’s competitive job market, employers often conduct extensive background checks, and a conviction for a prostitution-related offense can be an immediate red flag. Even if the charge seems minor, the stigma associated with it can make it incredibly difficult to secure employment, especially in roles that involve trust, public interaction, or working with vulnerable populations. Similarly, finding suitable housing can become a significant challenge. Many landlords and property management companies run background checks, and a criminal record, particularly one related to this type of offense, can lead to denied applications, limiting your options and potentially forcing you into less desirable living situations in communities like Bemidji or Cloquet.

Impact on Professional Licenses and Reputation

If you hold a professional license – whether you’re a teacher, a healthcare worker, an engineer, or any other licensed professional – a conviction for patronizing prostitution can jeopardize your entire career. Licensing boards often have strict codes of conduct and moral turpitude clauses, and a criminal conviction can be grounds for suspension, revocation, or denial of your license. Even if your license isn’t directly threatened, your professional reputation in a tight-knit community like Two Harbors or Proctor can be irrevocably damaged. The whispers and judgments can follow you, making it difficult to maintain client relationships, earn new business, and simply hold your head high within your professional circles.

The Accusation: Understanding the State’s Case

What Does the State Allege? Patrons; Prostitutes; Housing Individuals Engaged in Prostitution; Penalties Explained in Plain English

When the state brings a charge under Minnesota Statute 609.324, they are alleging specific actions related to prostitution. This statute covers a range of activities, from engaging in prostitution yourself, to hiring or offering to hire someone for sexual penetration or sexual contact. It also includes provisions for individuals who house minors engaged in prostitution and even sets penalties for prostitutes themselves, particularly in public places. For a patron, the core allegation revolves around intentionally engaging in, hiring, offering to hire, or agreeing to hire someone for prostitution. The law differentiates based on the age of the individual involved and whether there are prior offenses.

The severity of the charges under this statute can vary significantly depending on the alleged circumstances. For instance, interacting with a minor carries much harsher penalties than interacting with an adult. The state must prove not just that an interaction occurred, but that there was an intent to engage in prostitution or to hire someone for it. This intent is often a crucial battleground in these cases, as it speaks to your mindset and purpose during the alleged interaction. It’s not simply about being in the wrong place at the wrong time; it’s about what the prosecution believes you were doing or intending to do.

The Law on the Books: Minnesota Statute 609.324

Minnesota Statute 609.324 is designed to combat prostitution by targeting both those who offer and those who solicit sexual services, as well as those who facilitate the exploitation of minors. It’s a comprehensive law with multiple subdivisions addressing various scenarios, and understanding its intricacies is vital for anyone facing an accusation under it.

Subdivision 1.Engaging in, hiring, or agreeing to hire minor to engage in prostitution; penalties.

(a) Whoever intentionally does any of the following may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $40,000, or both:

(1) engages in prostitution with an individual under the age of 14 years;

(2) hires or offers or agrees to hire an individual under the age of 14 years to engage in sexual penetration or sexual contact; or

(3) hires or offers or agrees to hire an individual who the actor reasonably believes to be under the age of 14 years to engage in sexual penetration or sexual contact.

(b) Whoever intentionally does any of the following may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both:

(1) engages in prostitution with an individual under the age of 16 years but at least 14 years;

(2) hires or offers or agrees to hire an individual under the age of 16 years but at least 14 years to engage in sexual penetration or sexual contact; or

(3) hires or offers or agrees to hire an individual who the actor reasonably believes to be under the age of 16 years but at least 14 years to engage in sexual penetration or sexual contact.

(c) Whoever intentionally does any of the following may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both:

(1) engages in prostitution with an individual under the age of 18 years but at least 16 years;

(2) hires or offers or agrees to hire an individual under the age of 18 years but at least 16 years to engage in sexual penetration or sexual contact; or

(3) hires or offers or agrees to hire an individual who the actor reasonably believes to be under the age of 18 years but at least 16 years to engage in sexual penetration or sexual contact.

Subd. 1a.Housing unrelated minor engaged in prostitution; penalties.

Any person, other than one related by blood, adoption, or marriage to the minor, who permits a minor to reside, temporarily or permanently, in the person’s dwelling without the consent of the minor’s parents or guardian, knowing or having reason to know that the minor is engaging in prostitution may be sentenced to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both; except that, this subdivision does not apply to residential placements made, sanctioned, or supervised by a public or private social service agency.

Subd. 2.Patrons of prostitution; penalty.

(a) Whoever, while acting as a patron, intentionally does any of the following is guilty of a gross misdemeanor:

(1) engages in prostitution with an individual 18 years of age or older; or

(2) hires, offers to hire, or agrees to hire an individual 18 years of age or older to engage in sexual penetration or sexual contact.

Except as otherwise provided in subdivision 4, a person who is convicted of violating this subdivision must, at a minimum, be sentenced to pay a fine of at least $1,500.

(b) Whoever violates the provisions of this subdivision within ten years of a previous conviction for violating this section or section 609.322 is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.

Subd. 3.MS 2020 [Repealed, 1Sp2021 c 11 art 2 s 57]

Subd. 4.Community service in lieu of minimum fine.

The court may order a person convicted of violating subdivision 2 to perform community work service in lieu of all or a portion of the minimum fine required under those subdivisions if the court makes specific, written findings that the convicted person is indigent or that payment of the fine would create undue hardship for the convicted person or that person’s immediate family. Community work service ordered under this subdivision is in addition to any mandatory community work service ordered under subdivision 3.

Subd. 5.Use of motor vehicle to patronize prostitutes; driving record notation.

(a) When a court sentences a person convicted of violating this section while acting as a patron, the court shall determine whether the person used a motor vehicle during the commission of the offense and whether the person has previously been convicted of violating this section or section 609.322. If the court finds that the person used a motor vehicle during the commission of the offense, it shall forward its finding along with an indication of whether the person has previously been convicted of a prostitution offense to the commissioner of public safety who shall record the finding on the person’s driving record. Except as provided in paragraph (b), the finding is classified as private data on individuals, as defined in section 13.02, subdivision 12, but is accessible for law enforcement purposes.

(b) If the person has previously been convicted of a violation of this section or section 609.322, the finding is public data.

Subd. 6.Prostitution in public place; penalty for prostitutes.

Whoever, while acting as a prostitute, intentionally does any of the following while in a public place is guilty of a gross misdemeanor:

(1) engages in prostitution with an individual 18 years of age or older; or

(2) is hired, offers to be hired, or agrees to be hired by an individual 18 years of age or older to engage in sexual penetration or sexual contact.

Subd. 7.General prostitution crimes; penalties for prostitutes.

(a) Whoever, while acting as a prostitute, intentionally does any of the following is guilty of a misdemeanor:

(1) engages in prostitution with an individual 18 years of age or older; or

(2) is hired, offers to be hired, or agrees to be hired by an individual 18 years of age or older to engage in sexual penetration or sexual contact.

(b) Whoever violates the provisions of this subdivision within two years of a previous prostitution conviction for violating this section or section 609.322 is guilty of a gross misdemeanor.

The Prosecution’s Burden: Elements of Patrons; Prostitutes; Housing Individuals Engaged in Prostitution; Penalties

For the state to secure a conviction, they don’t just need to make an accusation; they must prove, beyond a reasonable doubt, every single element of the charged crime. This is a fundamental principle of our justice system, and it is where the defense begins to dismantle the prosecution’s case. If the state fails to prove even one of these elements, their entire case collapses, and you walk free. The prosecutor’s job is not just to gather evidence, but to connect every piece of it to the specific legal requirements of the statute. My job is to ensure they meet that burden, or face the consequences.

Intentional Action: The prosecution must prove that your actions were intentional. This means you knowingly engaged in, hired, offered to hire, or agreed to hire someone for prostitution, or that you knowingly housed a minor engaged in prostitution. Mere presence or a misunderstanding is not enough; the state must demonstrate your specific purpose and knowledge behind the alleged act. This is often a subjective element, relying on interpretations of your words and actions, which leaves room for a strong defense.
Prostitution as Defined by Law: The state must demonstrate that the alleged activity falls within the legal definition of prostitution in Minnesota. This typically involves engaging in sexual penetration or sexual contact for hire. Simply being in the vicinity of someone engaged in prostitution, or even discussing it, might not meet this element unless there was a concrete agreement or action towards the exchange of sexual services for money or other consideration. The specific nature of the interaction is critical.
Age of the Individual (if applicable): If the charge involves a minor, the prosecution must prove the age of the individual involved. This is a critical element, as the penalties escalate drastically based on age. If the state cannot definitively prove the individual’s age, or if there is a reasonable belief that the individual was older, this element can be challenged, potentially leading to a reduced charge or even an acquittal. This often involves examining birth certificates, school records, or other official documents.
Acting as a Patron or Housing Unrelated Minor: For charges against patrons, the state must prove that you were acting in the capacity of a patron—meaning you were the one seeking or paying for sexual services. If the charge involves housing a minor, they must prove that you permitted an unrelated minor to reside in your dwelling, knowing or having reason to know that the minor was engaging in prostitution, without parental consent. Each of these roles has distinct legal requirements that the prosecution must satisfy.
Prior Convictions (for enhanced penalties): If the prosecution seeks to impose enhanced penalties due to a prior conviction, they must prove the existence and validity of that previous conviction under this statute or Minnesota Statute 609.322. This involves presenting certified court records and demonstrating that the prior offense falls within the specified timeframe for increased sentencing. Without proof of a qualifying prior conviction, the state cannot pursue these higher-level charges.

The Potential Outcome: Penalties for a Patrons; Prostitutes; Housing Individuals Engaged in Prostitution; Penalties Conviction

Facing a conviction under Minnesota Statute 609.324 carries severe and life-altering penalties. The consequences extend far beyond a simple fine; they can include significant prison time, a criminal record that haunts your future, and the erosion of your standing in the community. It’s crucial to understand the full scope of what you’re up against, because only then can you truly grasp the importance of a vigorous and strategic defense. Do not underestimate the state’s resolve to impose these penalties.

Engaging in, Hiring, or Agreeing to Hire Minor to Engage in Prostitution

Individual Under Age 14: If convicted of intentionally engaging in prostitution with, hiring, or offering to hire an individual under the age of 14, or someone you reasonably believe to be under 14, you could face imprisonment for not more than 20 years or a fine of not more than $40,000, or both. This is a felony offense with extremely serious repercussions.
Individual Under Age 16 but at Least 14: For intentionally engaging in prostitution with, hiring, or offering to hire an individual under 16 but at least 14, or someone you reasonably believe to be in that age range, the penalties include imprisonment for not more than ten years or a fine of not more than $20,000, or both. This too is a felony with severe consequences.
Individual Under Age 18 but at Least 16: If the individual is under 18 but at least 16, or you reasonably believe them to be in this age group, and you intentionally engage in prostitution with, hire, or offer to hire them, you could be sentenced to imprisonment for not more than five years or a fine of not more than $10,000, or both. This remains a felony conviction with significant implications.

Housing Unrelated Minor Engaged in Prostitution

Penalty for Housing Unrelated Minor: If you permit an unrelated minor to reside in your dwelling without parental consent, knowing or having reason to know they are engaging in prostitution (and it’s not a supervised placement by a social service agency), you could face imprisonment for not more than 364 days or a fine of not more than $3,000, or both. This is typically a gross misdemeanor offense.

Patrons of Prostitution

Individual 18 Years of Age or Older: If you, while acting as a patron, intentionally engage in prostitution with or hire, offer to hire, or agree to hire an individual 18 years of age or older for sexual penetration or contact, you are guilty of a gross misdemeanor. This offense carries a minimum fine of at least $1,500, unless the court makes specific findings for community service in lieu of the fine.
Repeat Offender (Within Ten Years): If you commit the patronizing offense within ten years of a previous conviction for violating this section or section 609.322, the charge escalates to a felony. You could be sentenced to imprisonment for not more than five years or a fine of not more than $10,000, or both. This dramatically increases the stakes.

Prostitution in Public Place; Penalty for Prostitutes

In a Public Place (Gross Misdemeanor): If, while acting as a prostitute, you intentionally engage in prostitution or are hired, offer to be hired, or agree to be hired by an individual 18 years of age or older for sexual penetration or contact while in a public place, you are guilty of a gross misdemeanor.

General Prostitution Crimes; Penalties for Prostitutes

General Prostitution (Misdemeanor): If, while acting as a prostitute, you intentionally engage in prostitution with or are hired, offer to be hired, or agree to be hired by an individual 18 years of age or older for sexual penetration or sexual contact, you are guilty of a misdemeanor.
Repeat Offender (Within Two Years): If you commit this general prostitution offense within two years of a previous prostitution conviction for violating this section or section 609.322, the charge escalates to a gross misdemeanor.

The Battle Plan: Building Your Strategic Defense

An Accusation is Not a Conviction: The Fight Starts Now

Let me be clear: a criminal accusation, particularly one as damaging as patronizing prostitution, is not the end of your story. It is the opening salvo in a battle, and in any battle, the side with a clear strategy, unwavering resolve, and a fierce advocate will always have the upper hand. The state of Minnesota, with all its resources, will try to paint a picture designed to secure a conviction. They will present evidence, call witnesses, and weave a narrative that serves their purpose. But their narrative is just that – a story they want to tell. It is my job to dismantle that story, to expose its weaknesses, and to present your truth with force and conviction.

Your defense is not a passive process of waiting for the prosecutor to make their move. It is a proactive, strategic counter-offensive. We will scrutinize every piece of evidence, challenge every witness statement, and explore every legal avenue to protect your rights and your future. From the moment you hire me, the focus shifts from the state’s accusation to building a robust and compelling defense. We will expose procedural errors, question the veracity of witness testimony, and highlight any lack of concrete evidence. This is not about hoping for a lucky break; it’s about strategically building a case that demands either the dismissal of charges or a compelling argument for acquittal at trial. Your world may feel turned upside down, but with a battle plan, we can turn the tide.

How a Prostitution Accusation Can Be Challenged in Court

When facing a prostitution charge, there are numerous powerful legal defenses that can be employed to challenge the prosecution’s case. Each defense aims to undermine a specific element the state must prove, or to introduce a new perspective that casts doubt on their allegations. My approach is to meticulously examine the details of your arrest and the evidence collected to identify the strongest possible avenues for your defense. This isn’t a one-size-fits-all approach; it’s a tailored strategy built around the unique circumstances of your situation.

Lack of Intent

Often, the heart of a prostitution charge lies in proving intent. The prosecution must demonstrate that you intended to engage in prostitution, or to hire someone for it.

Misunderstanding or Miscommunication: Many interactions can be misinterpreted. Perhaps there was a cultural or language barrier, or the situation was simply ambiguous. If you can demonstrate that your actions or words were misunderstood, and you had no intention of engaging in prostitution, this can be a powerful defense. This involves analyzing any recorded conversations, witness statements, and the context of the alleged interaction.
No Agreement for Services: For a prostitution charge to stick, there generally needs to be an agreement for sexual services in exchange for something of value. If no such agreement was explicitly made or implied, or if the negotiations broke down before any agreement was reached, the essential element of “hiring” or “agreeing to hire” may be absent. This requires a careful examination of all communications.
Coercion or Duress: In some rare instances, individuals might be coerced or pressured into a situation they did not willingly intend to be part of. If you were under significant duress or faced a credible threat that compelled your actions, your intent might be negated. This is a complex defense but can be crucial in certain circumstances.

Mistaken Identity

It is entirely possible to be wrongly accused, especially in situations where law enforcement relies on vague descriptions or flawed surveillance.

Faulty Witness Identification: Eyewitness testimony can be unreliable. Stress, poor lighting, distance, and even bias can lead to an incorrect identification. If the prosecution’s case relies heavily on a witness who may have misidentified you, this can be a strong point of attack. I will scrutinize the conditions of the identification and any potential suggestibility.
Lack of Physical Evidence: In cases without strong physical evidence linking you to the alleged act (like DNA or unique identifying items), the state’s case might be weak. If the police only have a verbal description or a grainy image, we can challenge the certainty of your involvement. The absence of corroborating evidence can be as powerful as the presence of exculpatory evidence.
Alibi Defense: If you can prove that you were somewhere else entirely at the time of the alleged offense, your alibi becomes an irrefutable defense. This often involves presenting receipts, witness statements, travel records, or other documentation that places you far from the scene of the alleged crime. A solid alibi can dismantle the prosecution’s timeline.

Entrapment

Law enforcement officers are not permitted to induce or incite you to commit a crime you would not have otherwise committed. This is known as entrapment.

Police Inducement: Entrapment occurs when law enforcement goes beyond merely providing an opportunity to commit a crime and actively persuades or pressures you into it. If an officer’s conduct created the crime, rather than just catching you in the act, you may have an entrapment defense. This involves demonstrating that you had no predisposition to commit the crime until police intervention.
Lack of Predisposition: A key component of an entrapment defense is proving that you were not predisposed to commit the crime before the police’s involvement. If you can show that you resisted their attempts or only agreed after significant pressure, it strengthens the argument that you were entrapped. This often requires a careful review of all communications with law enforcement.
Overbearing Conduct: If the police used tactics that were overbearing, coercive, or unduly persuasive, that conduct can support an entrapment claim. This might involve repeated solicitations, appeals to sympathy, or exploiting a particular vulnerability. The focus here is on the nature and extent of the law enforcement’s active participation.

Violation of Constitutional Rights

Every citizen is protected by the U.S. Constitution, and if law enforcement violated your rights during the investigation or arrest, any evidence obtained illegally can be suppressed.

Unlawful Search and Seizure: If the police conducted a search of your person, vehicle, or property without probable cause, a warrant, or a valid exception, any evidence found during that search may be inadmissible in court. This could include electronic devices, money, or other items the prosecution seeks to use against you.
Failure to Read Miranda Rights: If you were subjected to custodial interrogation (meaning you were in police custody and being questioned) and were not read your Miranda rights, any statements you made could be excluded from evidence. This is a critical protection against self-incrimination.
Improper Interrogation Techniques: Law enforcement must adhere to strict rules during interrogation. If they used coercive tactics, made false promises, or otherwise violated your right to remain silent or to have an attorney present, your statements could be deemed involuntary and suppressed. This involves a detailed review of all interrogation recordings.
Lack of Probable Cause for Arrest: Police must have probable cause to arrest you. If they arrested you without sufficient evidence to believe you committed a crime, the arrest was unlawful, and any evidence stemming directly from that unlawful arrest could be challenged and excluded. This requires a thorough analysis of the events leading up to your apprehension.

Defense in Action: Scenarios in Northern Minnesota

The Bemidji Misunderstanding

A client in Bemidji, a well-respected local business owner, was visiting Duluth for a conference. After an evening event, he was walking back to his hotel when he was approached by an individual. There was a brief, innocuous conversation about directions, followed by a sudden police intervention. He was then arrested for patronizing prostitution, based on the officer’s interpretation of the exchange. The accusation was utterly baseless; he was simply asking for directions and had no intention of engaging in any illegal activity.

In this scenario, a lack of intent defense would be strategically applied. My defense would focus on demonstrating that there was no agreement for services and that the client’s actions were entirely innocent and misunderstood. We would challenge the officer’s interpretation of the conversation, potentially through audio recordings or witness statements (if any), to show that the client’s sole purpose was to find his way back to his hotel, not to solicit prostitution. We would emphasize the absence of any explicit or implied agreement for sexual services.

The Cloquet Alibi

A client from Cloquet was at a family gathering in a neighboring town when an alleged prostitution incident occurred in Duluth. The police later identified him based on a partial description from an anonymous tipster. He was shocked and distraught, as he had been with his entire family, celebrating a birthday, at the exact time the alleged offense took place. The prosecution’s case hinged entirely on a weak identification.

Here, an alibi defense would be central. My defense would involve gathering concrete evidence to prove the client’s whereabouts at the time of the alleged crime. This would include collecting detailed witness statements from family members who were with him, photographic evidence from the birthday celebration, and potentially receipts or electronic data (like GPS records from his phone) that confirm his presence elsewhere. This overwhelming evidence of his alibi would directly contradict the prosecution’s timeline and the flawed identification.

The Proctor Coercion

A young man in Proctor, new to the area and feeling isolated, was targeted by an undercover operation. The undercover officer engaged in persistent communication, appealing to his loneliness and financial difficulties, eventually convincing him to agree to a meeting. The client initially resisted, but after repeated and increasingly suggestive messages, he reluctantly agreed. He was then arrested shortly after arriving at the meeting location.

This situation calls for an entrapment defense. My strategy would be to demonstrate that the client had no predisposition to commit this crime and was actively induced by the overbearing conduct of the law enforcement officer. I would meticulously review all communications between the client and the undercover officer to highlight the officer’s persistent persuasion and the client’s initial reluctance. The goal would be to show that the crime originated with the state, not with my client.

The Two Harbors Unlawful Search

A client in Two Harbors was pulled over for a minor traffic violation. During the stop, the officer, without probable cause or consent, conducted a search of his vehicle, claiming to smell marijuana. No marijuana was found, but the officer discovered an item that, when combined with later speculative testimony, was used to support a patronizing prostitution charge. The search was clearly illegal, a fishing expedition.

In this instance, the defense would focus on a violation of constitutional rights, specifically an unlawful search and seizure. I would file a motion to suppress the illegally obtained evidence. My argument would center on the lack of probable cause for the vehicle search. If the court agrees that the search was unlawful, any evidence found as a result of that search, including the item used to support the prostitution charge, would be excluded from the case, severely weakening or even leading to the dismissal of the prosecution’s entire argument.

The Advocate: Why a Dedicated Duluth Defense Attorney is Essential

Countering the Resources of the State

When you’re accused of a crime, you’re not just facing a single prosecutor; you’re up against the immense power and resources of the entire state of Minnesota. This includes law enforcement agencies with vast investigative capabilities, forensic labs, and a team of seasoned prosecutors whose sole job is to secure convictions. They have unlimited time, taxpayer money, and access to a wide array of tools to build their case against you. Trying to navigate this labyrinthine system alone is like trying to fight a war with a slingshot against an army equipped with tanks. One must understand that the state isn’t just seeking justice; they are seeking a conviction. I am here to be your shield and your sword, to match their resources with my relentless dedication and strategic legal acumen, ensuring that your rights are not trampled in the process.

Strategic Command of the St. Louis County Courts

Every courthouse, every judge, and every prosecutor in St. Louis County, from Duluth to its surrounding communities, has its own unique nuances, unspoken rules, and procedural quirks. What works in one courtroom might fall flat in another. Without a deep, intimate understanding of the local legal landscape, you are at a significant disadvantage. I have spent years in these very courtrooms, learning the tendencies of local judges, understanding the negotiation styles of prosecutors, and mastering the procedural intricacies that can make or break a case. This isn’t just about knowing the law; it’s about knowing the players, the unwritten rules, and how to strategically command the courtroom to your advantage, whether we are in the heart of Duluth or a smaller community like Two Harbors. My presence ensures you have that invaluable local insight guiding every decision.

Fighting for Your Story, Not Just the Police Report

When the police write their report, they create a narrative. It’s often a one-sided story, crafted to support their version of events and justify the arrest. This police report then becomes the foundation of the prosecution’s case, presented as objective truth. But your life, your circumstances, and the reality of what happened are far more complex than anything a police report can capture. The police report is not your story; it’s their interpretation, often incomplete and biased. My role is to fight for your story – to uncover the details, to challenge the police’s narrative, to expose any inaccuracies or omissions, and to ensure that your voice is heard, not just the allegations written on a piece of paper. I will meticulously investigate every facet of the case to present a complete and compelling picture of what truly transpired.

An Unwavering Commitment to a Winning Result

From the moment you walk through my door, my unwavering commitment is to achieve the best possible outcome for you. This isn’t just a job; it’s a profound responsibility. I understand the fear, the uncertainty, and the profound impact a criminal charge has on your life in Northern Minnesota. My focus is always on winning – whether that means securing a dismissal of the charges, negotiating a favorable plea agreement that minimizes the impact on your life, or taking your case to trial and fighting aggressively for an acquittal. I don’t back down. I don’t compromise when your future is on the line. I will exhaust every legal avenue, challenge every piece of evidence, and advocate with every fiber of my being to protect your freedom and your future. My commitment to you is absolute, from the initial consultation until the final resolution of your case.

Your Questions Answered

What does “engaging in prostitution” mean under Minnesota law?

“Engaging in prostitution” under Minnesota law generally refers to participating in sexual penetration or sexual contact for hire. It’s not just about the act itself, but the agreement or offer to perform such acts in exchange for money or other valuable consideration. This can include a wide range of activities, both performed by or solicited from another individual.

What is the difference between a misdemeanor, gross misdemeanor, and felony?

These terms denote the severity of a crime. A misdemeanor is the least serious, punishable by up to 90 days in jail and/or a $1,000 fine. A gross misdemeanor is more serious, with penalties up to 364 days in jail and/or a $3,000 fine. A felony is the most severe, carrying penalties of more than one year in prison and significantly higher fines.

Can I be charged if I didn’t actually engage in sexual contact?

Yes, you can be charged. Minnesota Statute 609.324 covers not just “engaging in prostitution” but also “hiring,” “offering to hire,” or “agreeing to hire” an individual for sexual penetration or sexual contact. The agreement or offer itself can be sufficient for a charge, even if the act was never completed.

What if I was misled or entrapped by law enforcement?

If you believe you were entrapped, meaning law enforcement induced you to commit a crime you otherwise wouldn’t have, it can be a strong defense. This requires proving you had no predisposition to commit the crime and were unduly persuaded by police conduct. It’s a complex defense that requires careful examination of police actions.

Will this charge appear on my public record?

Yes, if you are charged and convicted of a crime under Minnesota Statute 609.324, it will appear on your criminal record. The level of public access to this information depends on the severity of the conviction (misdemeanor, gross misdemeanor, or felony) and sometimes on specific details like motor vehicle usage during the offense.

How quickly should I contact an attorney after being charged?

You should contact an attorney immediately after being charged or even if you suspect you are under investigation. The earlier an attorney gets involved, the more impact they can have on the outcome of your case. Critical evidence can be preserved, and strategic decisions can be made from the outset.

What happens during an initial consultation?

During an initial consultation, I will listen to your account of what happened, assess the details of the charges against you, and provide a preliminary analysis of your legal options. It’s an opportunity for you to ask questions and understand the potential paths forward, without obligation.

Can this charge impact my family life?

Absolutely. A conviction for patronizing prostitution can severely impact your family life. It can lead to strained relationships, public embarrassment, and even affect child custody arrangements or visitation rights, depending on the specifics of the case and the family court’s considerations.

What evidence does the state typically use in these cases?

The state might use various types of evidence, including witness testimony (undercover officers, alleged prostitutes), electronic communications (text messages, chat logs), audio or video recordings, financial records, and even physical evidence like condoms or other paraphernalia found at a scene.

Is there a difference in penalties if the alleged activity was online versus in person?

The statute does not explicitly differentiate between online and in-person activities. The focus is on the intentional act of engaging in, hiring, offering to hire, or agreeing to hire for prostitution. However, the nature of evidence (digital vs. physical) and how the interaction occurred can influence the defense strategy.

What is the purpose of the minimum fine for patrons?

Minnesota Statute 609.324, Subdivision 2, explicitly states that a person convicted of patronizing prostitution must pay a fine of at least $1,500, unless community service is ordered in lieu of the fine due to indigence or undue hardship. This minimum fine reflects the state’s intent to impose a financial consequence on patrons.

Can I get community service instead of a fine?

Yes, under certain circumstances. Minnesota Statute 609.324, Subdivision 4, allows the court to order community work service in lieu of all or a portion of the minimum fine if the court makes specific, written findings that you are indigent or that paying the fine would create undue hardship for you or your immediate family.

How does a previous conviction affect my current charge?

A previous conviction for patronizing prostitution (under this section or 609.322) can significantly escalate your current charge. For patrons, a second offense within ten years can elevate a gross misdemeanor to a felony, leading to much harsher penalties, including potential prison time.

What if I used my car during the alleged offense?

If you used a motor vehicle during the commission of the offense while acting as a patron, and you are convicted, the court will forward this finding to the Commissioner of Public Safety. This finding will be recorded on your driving record, and if you have a prior prostitution conviction, this record becomes public data.

Will my name appear in the newspaper or online if I’m charged?

Publicity depends on various factors, including the severity of the charge, local media policies, and whether your case attracts public attention. Felony charges are more likely to be reported. While initial charges may be public, a dedicated defense can sometimes help manage the narrative or prevent widespread dissemination of your name.