Many people are asking what is the status of the Motion to Declare the Prostitution "civil penalty" unconstitutional that I filed a couple of months ago. Many Polk criminal defense attorneys taking these prostitution cases are not filing a motion or fighting the $5,250.00 civil penalty. Some lawyers are waiting for the ruling on my motion, but did not assist me or file a motion in their client's case. There are a couple of attorneys who have filed a motion and I will gladly give you the names of those that are willing to fight for their clients. Who do you want to be in court fighting for you? The attorney doing the work or the lawyer that says just pay the fine or let another attorney do the work? As a reminder, some people arrested in the latest sting operation have their Arraignment court date this Thursday.
On Friday, I was in court scheduled to argue the motion before Judge Kirkland. We are still waiting for a ruling from Judge Ojeda from when I first filed the motion. The motion before Judge Kirkland also included an objection to the outrageous penalty on the basis of "es post facto" law. that means that you can not increase the penalties for a criminal offense, AFTER the criminal act allegedly occurred. This part of the motion dealt with a defendant who had been arrested in the August 2012 Polk prostitution sting, but did not resolve his case before January 1, 2013, when the increased penalty went into effect.
I am expecting a ruling within the next two weeks. At that time we will find out if the $5,250.00 civil penalty will be applied or declared unconstitutional. Again, this penalty only applies to "johns" and not the prostitute, pimp, or even sexual predators.
If you are charged with a crime and want someone that will fight in court for you, your rights, and your reputation call
Polk Criminal Defense Attorney Thomas C. Grajek