SOLICITATION OF PROSTITUTION
FLAT RATE PACKAGE
Stopped on 82nd Avenue for sex solicitation? Here is what to expect.
Portland Police regularly run buyer-focused patrols along NE 82nd Avenue. If you were stopped, cited, or arrested, you are probably worried about your job, your family, and your record. For most first-time cases in Multnomah County there is a realistic path to a dismissal, and we handle these cases with the utmost discretion.
How these cases usually move
- 1
The stop
These cases usually come from the Portland Police Bureau's Human Trafficking Unit. An officer watches an area, sees a driver pick someone up, and stops the car a short distance away. The officer typically questions both people separately and may photograph the scene.
- 2
Citation or arrest
Many people are cited and released with a date to appear in court rather than held in jail. Keep that paperwork. It lists your charges and your first court date.
- 3
First appearance (arraignment)
This is your first court date in Multnomah County Circuit Court. The charges are formally read and a plea of not guilty is entered. Having a lawyer with you from the start matters.
- 4
Discovery and the offer
We obtain the police reports and body camera video and review them for weaknesses, including what was actually said about money and whether any statements were properly obtained. The District Attorney will usually make a pretrial offer. Sometimes the weakness is the arrest itself. In State v. Merryman, the Oregon Court of Appeals held that an officer's training and experience alone did not give police probable cause for a Portland solicitation arrest.
- 5
Resolution
Depending on the evidence, that may mean completing a diversion program, negotiating a better outcome, or taking the case to trial. You make the final call, with a clear explanation of the risks each way.
What people are typically charged with
Buyers stopped on 82nd are commonly charged under both Oregon state law and the Portland City Code. The two charges often appear together on the same case.
Commercial Sexual Solicitation
Paying, or offering or agreeing to pay, a fee to engage in sexual conduct or contact. The offer or agreement alone is enough. No money has to change hands.
- Level
- Class A misdemeanor
- Maximum jail
- 364 days
- Maximum fine
- $6,250
Unlawful Prostitution Procurement Activities
Taking a substantial step toward an act of prostitution with the intent to solicit or contact someone for it. The code lists examples such as repeatedly circling an area in a car or stopping to contact pedestrians.
- Level
- City code offense
- Maximum jail
- 6 months
- Maximum fine
- $500
Maximum penalties are rarely imposed on a first offense, but they show what is at stake. If the other person was under 18, or the police believed they were, the case can be charged as a felony. Call us right away if that applies to you.
What a diversion offer usually looks like
For people without a record, the Multnomah County District Attorney's Office often offers a path that ends in dismissal. In a typical offer, you enter a plea to the state charge and sentencing is postponed for about six months. If you meet every condition during that time, the charges are dismissed and you leave with no conviction. If you do not, a conviction is entered and the court can impose a short jail sanction.
Common conditions
- No new arrests or convictions
- No contact with known sex workers, pimps, or traffickers
- No use of websites that advertise escort or commercial sex services
- Complete the Sex Buyers Accountability and Diversion class
The class is run by the District Attorney's Office. It is a one-day class held several times a year, alternating between Multnomah and Clackamas Counties. Tuition is currently $1,000, paid to the program in advance, and is separate from our fee. Registration closes about two weeks before each class, so timing matters.
Every offer depends on the facts and your history, and diversion is not the right choice in every case. Before you accept anything, we review the reports and video with you so you know whether the State could actually prove its case.
We handle these cases quietly
Contact on your terms
Tell us how to reach you. We use the phone number and email you choose and won't leave messages or send mail anywhere you haven't approved.
Fewer trips to court
We tell you exactly which dates you must attend and handle the rest wherever the court allows, so your time away from work stays short.
Your record afterward
Once a case is dismissed, we can talk with you about sealing the arrest and court record so it does not follow you.
Common questions
Will my family or employer find out?
Criminal cases are public records, but most solicitation cases get little attention. We keep all communication private and work toward a dismissal and record sealing to limit what shows up later.
I didn't hand over any money. Can I still be charged?
Yes. Under Oregon law an offer or agreement to pay is enough. Whether the State can prove an offer or agreement is often the central question, and it is one of the first things we look at.
I talked to the officer. Does that end my case?
Not necessarily. We review the body camera footage to see what was actually said, what questions led to it, and whether your rights were respected.
Do I have to take the diversion offer?
No. You are presumed innocent and the State must prove every element beyond a reasonable doubt. You have the right to a trial, to challenge the State's witnesses, and to present your own defense. We help you weigh the offer against your chances at trial.
What does the $3,900 flat fee cover?
It covers the consultation, representation at arraignment and all pre-trial hearings, review of all evidence, negotiation with the prosecutor, and entry into diversion if you are eligible. Court costs and the diversion class tuition are paid separately. If your case goes to trial, we will discuss that fee with you up front.
Related: Recent ruling: State v. Merryman · Client reviews · DUII diversion · All practice areas
This page provides general information and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different, and prior results do not guarantee a similar outcome. Diversion terms, class tuition, and scheduling are set by the Multnomah County District Attorney's Office and the court and may change.
Schedule your consultation