Examination of VA Code § 18.2-347
The burden of proof (the obligation to prove allegations) in criminal cases is often on the prosecutor. I’m sure you have heard, in some TV shows or movies, the phrase “Innocent until proven guilty.” Well, it’s a wonderful phrase because without such legal right, the burden of proof will fall on the accused. Generally, the accused is found not guilty if the burden of proof is not sufficiently carried out by the prosecution.
For illustrative purposes, let’s assume that defendant John has been charged with VA Code § 18.2-347—keeping, residing in or frequenting a bawdy place—more often, John will be charged with the later part, frequenting a bawdy place, unless he is very well connected in the industry to be working in or managing the business.
However, in all segments of that code, the notable aspect is the bawdy place. What does this mean? It means the prosecutor bears the burden of proof to show the judge or jury (if it gets that far) that XYZ Spa is, in fact, a bawdy place (a rather daunting task).
To that end, prosecution would need to have witnesses confirming operational details of XYZ Spa. Furthermore, prosecution needs evidence to prove the illicit reputation of XYZ Spa. Evidence may include reliable documentations (not this site; reliable means attributable and well-known), previous police reports, and further testimonies from patrons. As anyone can conclude, testimony is vital for the prosecution's case. Prosecution has to prove every element of the offense beyond a reasonable doubt, but not necessarily prove every single fact beyond a reasonable doubt.
Failure to meet the burden, the defendant is found not guilty.
How does the prosecution obtain such evidence (assuming that prosecution can get satisfactory evidence)? By constantly disrupting and harassing the lives of the accused. Prosecution often “scares” the information out of the accused or bribes them into giving testimonies (plea deals). The perfect candidate is someone with prior convictions.
My fellow mongers, fear not! The success of the prosecution’s case relies heavily on the testimonies. Therefore, if you find yourself caught in such unfavorable situations, one would advise against being overly talkative, particularly revealing any operational details regarding the place in question. If prosecution determines your information is worthwhile, they have the legal duty to further investigate your story, thus causing greater interruptions to your lives.
Prosecution is well aware of the low rate of conviction based on VA Code § 18.2-347. However, it does not deter them from spending taxpayers’ fund on these superfluous cases. Their primary intention is to establish a criminal history, particular our mutual lady friends, so stricter sentences can be imposed in the future (for example another Black Wednesday). Publishing offenders’ name in the local newspaper is a failed and rather reprehensible deterrent technique, but it is within the legal boundaries.
I’m sure there are a number of legal scholars among 152,843 members on this site. I propose we develop a new thread on the legal aspects pertaining to this hobby including horror stories and legal remedies so that the mongering mass can learn from. Furthermore, we should target each state and separate the program based on market segments such as Streetwalker, Massage Parlor, or General Legal Primer. Please PM your interest in participating in this workgroup. (Think of it as anonymous pro-bono work).
No need to turn on the flame, just a thought,
Ian
Excellent Information - HOWEVER----
At what point would your life be destroyed? Were you only accused and found not guilty at trial regain the trust of your spouse and other family members? Would being found not guilty reinstate your security clearance and get your job back? Would being found not guilty erase your name and address from the public record?
If your situation can survive all that, then you are good to go but I'd just bet that many of us would face massive ruin simply by the writeup in the newspaper! That one item would lead to the loss of spouse, house, family, money, etc.
So, the risk is very real! As I have said before, I am NOT responsible for anything any of us do and I do not care too much about what you folks do but I cast this warning as a brother in this crime of which we may or may not be found guilty in a court of law, but, once accused, would be found guilty and hung out to dry in the court of family and public opinions.
Take all this for what it may be worth to your own situation.
In ALL cases, BE CAREFUL!!!!
JJ
[QUOTE=Ian Dokkaebi]The burden of proof (the obligation to prove allegations) in criminal cases is often on the prosecutor. I’m sure you have heard, in some TV shows or movies, the phrase “Innocent until proven guilty.” Well, it’s a wonderful phrase because without such legal right, the burden of proof will fall on the accused. Generally, the accused is found not guilty if the burden of proof is not sufficiently carried out by the prosecution.
For illustrative purposes, let’s assume that defendant John has been charged with VA Code § 18.2-347—keeping, residing in or frequenting a bawdy place—more often, John will be charged with the later part, frequenting a bawdy place, unless he is very well connected in the industry to be working in or managing the business.
However, in all segments of that code, the notable aspect is the bawdy place. What does this mean? It means the prosecutor bears the burden of proof to show the judge or jury (if it gets that far) that XYZ Spa is, in fact, a bawdy place (a rather daunting task).
To that end, prosecution would need to have witnesses confirming operational details of XYZ Spa. Furthermore, prosecution needs evidence to prove the illicit reputation of XYZ Spa. Evidence may include reliable documentations (not this site; reliable means attributable and well-known), previous police reports, and further testimonies from patrons. As anyone can conclude, testimony is vital for the prosecution's case. Prosecution has to prove every element of the offense beyond a reasonable doubt, but not necessarily prove every single fact beyond a reasonable doubt.
Failure to meet the burden, the defendant is found not guilty.
How does the prosecution obtain such evidence (assuming that prosecution can get satisfactory evidence)? By constantly disrupting and harassing the lives of the accused. Prosecution often “scares” the information out of the accused or bribes them into giving testimonies (plea deals). The perfect candidate is someone with prior convictions.
My fellow mongers, fear not! The success of the prosecution’s case relies heavily on the testimonies. Therefore, if you find yourself caught in such unfavorable situations, one would advise against being overly talkative, particularly revealing any operational details regarding the place in question. If prosecution determines your information is worthwhile, they have the legal duty to further investigate your story, thus causing greater interruptions to your lives.
Prosecution is well aware of the low rate of conviction based on VA Code § 18.2-347. However, it does not deter them from spending taxpayers’ fund on these superfluous cases. Their primary intention is to establish a criminal history, particular our mutual lady friends, so stricter sentences can be imposed in the future (for example another Black Wednesday). Publishing offenders’ name in the local newspaper is a failed and rather reprehensible deterrent technique, but it is within the legal boundaries.
I’m sure there are a number of legal scholars among 152,843 members on this site. I propose we develop a new thread on the legal aspects pertaining to this hobby including horror stories and legal remedies so that the mongering mass can learn from. Furthermore, we should target each state and separate the program based on market segments such as Streetwalker, Massage Parlor, or General Legal Primer. Please PM your interest in participating in this workgroup. (Think of it as anonymous pro-bono work).
No need to turn on the flame, just a thought,
Ian[/QUOTE]
Effects of Religious Fanaticism on the World’s Oldest Profession in the U.S.
This post has been moved to [url]http://www.usasexguide.info/forum/showthread.php?t=1076[/url]
Ian
[blue]=============================================
Hi Ian Dokkaebi,
This is a great political analysis, but why did you bury it here in the thread for Massage Parlor Reports for Northern Virginia?
Thanks,
Jackson[/blue]
AO in Sterling Busted Tuesday Night 6pm
Old news to the real hobbyists: Loudoun County Sheriffs raided and shut down AO in Sterling. 4 ladies arrested and 4 johns arrrested.
Ted
Please be very careful out there.
As we can all see and realize, LEO is slowly and systematically eliminating every massage parlor. WATCH, LOOK AND LISTEN before entering any establishment. Circle the block to look for LEO. And if LEO pulls you over after you leave, admit nothing and deny everything. They were not inside with you. Stick to the reason why they pulled you over. LEO is using scare and harassment tactics to turn mongers. Then they use these "turned " monger as informants. LEO then has enough information to raid the place because a "crime" is being committed.