Reverse Sting Operations in Miami: Prostitution and Drug Cases

These cases can feel impossible to fight, because the "deal" was set up and recorded by the police. They aren't. The State still has to prove the crime, the evidence has to be gathered lawfully, and Florida law gives a complete defense when police conduct crosses the line into entrapment.

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. He knows how undercover cases are put together and where they come apart. Everything you tell us is confidential. Our office answers 24 hours a day.

How the Charges Arise

Prostitution reverse stings. The main statute is section 796.07. It makes it unlawful to solicit, induce, entice, or procure another to commit prostitution, lewdness, or assignation, and separately to purchase the services of any person engaged in prostitution. A first solicitation violation is a first-degree misdemeanor; a second is a third-degree felony; a third or later is a second-degree felony. Purchasing, and every other section 796.07 offense except soliciting, run on a separate, lower ladder: a second-degree misdemeanor, then a first-degree misdemeanor, then a third-degree felony. A solicitation conviction carries mandatory community service, an educational program where available, a $5,000 civil penalty for any disposition other than acquittal or dismissal, and possible vehicle impoundment. Full details: Prostitution & Solicitation Charges.

If the undercover officer poses as a minor, or as a parent offering a minor, the charges are far more serious. See Sex Crimes Defense and Human Trafficking Charges.

Drug reverse stings. Florida law makes it a crime to purchase, or possess with intent to purchase, a controlled substance (section 893.13(2)(a)). The degree depends on the drug: a second-degree felony for drugs such as cocaine, heroin, and many others listed in the statute; a third-degree felony for others; and a first-degree misdemeanor for the lowest schedule. Purchasing more than 10 grams of certain Schedule I substances is a first-degree felony.

Trafficking-weight purchases. Florida's trafficking statute, section 893.135, does not require a sale. It applies to anyone who "knowingly sells, purchases, manufactures, delivers, or brings into this state" a trafficking quantity, or possesses one. So buying a trafficking amount from an undercover officer can be charged as trafficking, a first-degree felony with mandatory minimum prison terms and fines that rise with the weight. For example, buying 28 grams or more but less than 200 grams of cocaine carries a 3-year mandatory minimum and a $50,000 fine. Agreeing or conspiring with another person to commit trafficking is itself a first-degree felony, punishable as if the act had been committed. See the weight thresholds on our Drug Crimes Defense page, including drug trafficking.

The Entrapment Defense: Section 777.201

Florida's entrapment defense is written into statute. Section 777.201 says, word for word:

> "(1) A law enforcement officer, a person engaged in cooperation with a law enforcement officer, or a person acting as an agent of a law enforcement officer perpetrates an entrapment if, for the purpose of obtaining evidence of the commission of a crime, he or she induces or encourages and, as a direct result, causes another person to engage in conduct constituting such crime by employing methods of persuasion or inducement which create a substantial risk that such crime will be committed by a person other than one who is ready to commit it.

>

> (2) A person prosecuted for a crime shall be acquitted if the person proves by a preponderance of the evidence that his or her criminal conduct occurred as a result of an entrapment. The issue of entrapment shall be tried by the trier of fact."

What that means in plain terms:

• It covers informants too. The statute reaches not only officers, but a person cooperating with an officer or acting as an officer's agent.
• The question is the methods used. Entrapment happens when police persuasion or inducement creates a substantial risk that the crime will be committed by someone other than a person who is ready to commit it.
• The burden is on the defense, at a lower standard than proof beyond a reasonable doubt. The accused must prove entrapment by a preponderance of the evidence, meaning more likely than not. If that is proven, the statute says the person shall be acquitted.
• The fact-finder decides. The statute says the issue is tried by the trier of fact: the jury, or the judge in a non-jury trial.

The statute is aimed at the methods used: persuasion or inducement that creates a substantial risk the crime will be committed by someone who was not ready to commit it. So the facts that matter are what the officer, or the officer's helper, actually said and did: who made first contact, how often they pushed, and what they offered. Those facts live in the messages and recordings.

The Evidence in These Cases

Reverse stings generate a lot of evidence, and all of it cuts both ways:

• Recordings. Audio or video of the conversation, the meeting, and the arrest.
• Chats and texts. Ads, app messages, and texts with the undercover officer, often the core of a solicitation case.
• Body-worn and surveillance cameras. What the arrest team saw and did.
• Phone data. Whatever was on your phone, if police searched it, and whether they had a lawful basis to search it.
• Reports. Written after the fact, sometimes summarizing hours of contact in a paragraph.

We get the complete record, not the excerpts. Who raised the subject first, who set the price, who pushed, and whether the words actually describe the crime charged are often the whole case. If the stop, the search, or the phone examination was unlawful, we move to keep the evidence out. See Motions to Suppress.

In a prostitution case, a police officer may testify as an offended party, and reputation testimony about the place and the defendant is admissible in support of the charge. That makes the recordings and messages even more important to the defense.

Your Vehicle: Impound and Forfeiture Are Separate Issues

Prostitution impound. If a vehicle was used in a solicitation violation, the judge, upon conviction, may order it impounded or immobilized for up to 60 days. The owner can ask the court to dismiss the order on specific grounds listed in the statute, such as the family having no other means of transportation or the vehicle having been stolen.

Contraband forfeiture. Separately, under the Florida Contraband Forfeiture Act, a vehicle used or attempted to be used as an instrumentality in the commission of any felony can be treated as a contraband article and seized for forfeiture. That can include felony drug purchases and trafficking charges, and second or later solicitation charges, which are felonies. Key points from the statute:

• A seizure generally may occur only if the owner is arrested for the offense that makes the property contraband, unless an exception in the statute applies.
• The seizing agency must apply to a court within 10 business days after the seizure for an order finding probable cause.
• The person entitled to notice must be told of the right to an adversarial preliminary hearing. Notice by certified mail must be mailed within 5 working days after the seizure, and the hearing must be requested in writing, by certified mail, return receipt requested, within 15 days after receiving the notice. The agency must hold the hearing within 10 days after the request, or as soon as practicable.
• Final forfeiture requires proof beyond a reasonable doubt that the property was being used in violation of the Act.

Forfeiture is a civil case that runs alongside the criminal case. Missing a deadline can cost you the vehicle even if the criminal charge is later reduced or dropped. Keep every notice and call us right away.

What to Do After a Reverse Sting Arrest

1. Don't talk. Not at the scene, not in the car, not in the holding cell, and not on the jail phone. Ask for a lawyer and stop.
2. Don't consent to a search of your phone. You can say clearly that you do not consent. Don't unlock it or give passcodes. Don't argue or resist.
3. Preserve your phone and accounts as they are. Don't delete messages, apps, ads, or call logs. Those records may help your defense, and deleting can create new problems.
4. Write down what happened as soon as you can: who contacted whom, what was said, times, and places.
5. Keep every paper, including the arrest paperwork, property receipts, and any vehicle notice.
6. Call us. If you or a loved one is still in custody, see Bond & Nebbia Hearings. If you learn there is a warrant, we can often arrange a surrender. See Turning Yourself In.

If you are not a U.S. citizen, both drug and prostitution charges can have serious immigration consequences, even without a conviction in some situations. See Immigration Consequences of Criminal Charges before any plea.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

What is a reverse sting?

An undercover operation where police, or someone working with them, pose as the seller, offering sex for money or offering to sell drugs, and arrest the person who agrees.

Isn't it entrapment any time police set up the deal?

Not automatically. Under section 777.201, entrapment is when the police methods of persuasion or inducement create a substantial risk that the crime will be committed by someone other than a person ready to commit it.

Who has to prove entrapment?

The accused, by a preponderance of the evidence. If proven, the statute says the person shall be acquitted. The jury, or the judge in a non-jury trial, decides.

I was buying, not selling. Can that be trafficking?

Yes. Florida's trafficking statute covers anyone who knowingly purchases a trafficking quantity, and it carries mandatory minimum sentences.

Can they keep my car?

Possibly. A solicitation conviction can lead to an impound order of up to 60 days, and a felony can lead to a separate forfeiture case with short deadlines. Call right away.

How fast can you help?

Our office answers 24 hours a day. Call (305) 209-0384.