If I get arrested....

jdkees's Avatar
Let me put it this way:
  1. There are a number of both ideological and religious martyrs throughout history. But for every one that you can find noted by history, there are at least hundreds who preceded that one that failed so completely as to be nearly erased from memory.
  2. Even if we just look at legal breakthroughs in history, the number of cases that get stomped to dust or defeated through sheer attrition outnumbers successful cases by scores for every one that reaches state level. More so for federal level.
  3. Despite what political ideologues and demagogues like to pretend on the teevee, the law and the legal system is not some literal, set-in-stone, sacrosanct list of rules that one simply needs to find loopholes in or get rewritten to change The Way Things Are™. The legal system is neither fair nor just, and is probably the most direct form of democracy in the country because judges tend to rule with the lowest common denominator of public opinion. If your legal eagle relative is being honest with you they'd let you know the same. When you hear politicians or activists saying they want their case heard in court it's because they believe public opinion is generally with them. As soon as a court rules against them they all of the sudden go right back to appealing "to the people".

I'm just pointing out the above because what you're suggesting should involve informed consent. If you're serious about going the route you're talking despite the above, then more power to ya. Rock on with your socks on.
1. You would NOT have to spend one single second in jail just so you could challenge the constitutionality of a prostitution law. To have "standing" (the right to be a party to a case), all you have to show to challenge a statute is that you are or could be subjected to the provisions of the statute. That's usually not too difficult to show. So you may have to blow a judge to prove that you're in the sex industry, but at least you won't have to go to jail! (Note for those a little slow on the uptake: You wouldn't actually have to give a judge a blowjob...probably )

2. Lawrence v. Texas pretty clearly says there is a privacy right only in "consensual, non-commercial sexual conduct"....so I still don't think Lawrence is the way to argue your case, at least not the entirety of it (though if any other lawyers on the board have a different opinion I'd be happy to hear it). In my opinion this is a Commerce Clause issue, and your argument would be something like "the legislature is unfairly and overzealously criminalizing a market, to an extent that has a profound effect on my livelihood, for no compelling reason."
That's the basic outline. Someone much smarter than me could come up with something much stronger I'm sure.

3. Yes, expenses for this little hypothetical crusade to the Supreme Court would be expensive. BUT!...would that really be a problem for you? If you got the word out that you were trying to legalize prostitution in the U.S. (or even just Texas), you'd have funds flying in. Set up a KickStarter page! Have a Sexy car wash! You could offer a Supreme Court Edition BnG Marathon for $250 a pop! You could cover the expenses with one solid month of marketing/working
Mojojo's Avatar
Back on topic here...
omakase's Avatar
Maybe Shyster or some other lawyers can correct me if I'm wrong.

But, If I ever get in trouble...I'm going to take it to the supreme court and argue under Lawrence v. Texas its unconstitutional to prohibit consensual adult private conduct.

I think I would win. Originally Posted by Cynamon
Thought exercises are always fun. I like to dive into ideas. To answer your question about Lawrence. Yes, people have looked at Lawrence and tried arguing that it should extend further to include prostitution - despite the Supreme Court saying that it doesn't.

So what makes you think you would win? What passage did you latch onto?
Grace Preston's Avatar
Also important to note... just because you request audience with SCOTUS does not mean they will grant it.

Mann act is also very important if you live/market/advertise in one state and work in another. Definitely brush up on the nuances of it.. because if you attempt to go Federal, I can certainly see them slapping you with Mann. Law of Unintended Consequences and all that....
  • Kckat
  • 06-15-2015, 03:21 PM
Couldn't the provider have something of value (a homemade trinket of some kind) that she could make an invoice for, just in case anyone busted down the door?
Somuu's Avatar
  • Somuu
  • 06-15-2015, 04:42 PM
The Justices may not agree on how social issues intersect with the law, but I don't think you're going to get Alito or Ginsberg to overturn a State's authority to regulate health and safety or commercial contracts.
If I ever get arrested - for this or anything else - I stfu and call my lawyer. Do not say a MFg thing except "Can I call my lawyer?"

Oh and....keep one on retainer or the above suggestion does you no good. Shyster Jon is a good one to deal with from what I understand.
flghtr65's Avatar
Also important to note... just because you request audience with SCOTUS does not mean they will grant it.

.... Originally Posted by GracePreston
+1

There are a lot of cases that the SCOTUS refuse to hear and return them back to the lower court.
Cynamon's Avatar
Couldn't the provider have something of value (a homemade trinket of some kind) that she could make an invoice for, just in case anyone busted down the door? Originally Posted by Kckat

Lmao!!
Cynamon's Avatar
If I ever get arrested - for this or anything else - I stfu and call my lawyer. Do not say a MFg thing except "Can I call my lawyer?"

Oh and....keep one on retainer or the above suggestion does you no good. Shyster Jon is a good one to deal with from what I understand. Originally Posted by thathottnurse

Depending on the state. I have a atty on deck. I can call her ...text her. Even show up at her house after I bond out. If I hit the slammer in Texas. Shyster is who I would def call.
Cynamon's Avatar
More reply's to the rest of your opinions to come soon. I'm on family days until Wed. lol
A Supreme Court case out of a misdemeanor? Are you aware of how much it costs for a case just to reach the Supremes? You would be better off spending your time posting taint photos. Originally Posted by pyramider
Incorrect. She needs to show she is indegent and therefore, can avoid the fees, and, find a willing hobby attorney to um.... take the case pro bono.

Otherwise, yes tKing a case to the supreme court on appeal, imhe, has been about 150k.
Cynamon's Avatar
Double post. Sorry
Cynamon's Avatar
And who doesn't have 150k Laying around? Pshh. Lol