Penalties and Stakes: More Than Just a Misdemeanor

The consequences for a conviction under Virginia Code § 18.2-347 are twofold and severe, encompassing both criminal penalties and the potential civil forfeiture of your vehicle. While classified as a Class 1 misdemeanor, the long-term impact, particularly the loss of a significant asset like a car, often outweighs the immediate criminal sentence. Understanding these dual threats is the first step in appreciating the gravity of the charge.

When clients first sit in my office after being charged, their primary concern is often the potential for jail time. While that is a valid fear, the conversation must quickly pivot to the often more devastating and permanent consequence: losing their vehicle. The Commonwealth of Virginia has powerful tools at its disposal, and it is aggressive in using them.

Criminal Penalties under Va. Code § 18.2-347

The statute that criminalizes using a vehicle for prostitution-related activities is Virginia Code § 18.2-347, “Keeping, residing in or frequenting a bawdy place.” The law explicitly defines a “bawdy place” to include “any vehicle, trailer, or boat…which is used for the purpose of lewdness, assignation or prostitution.” A violation of this statute is a Class 1 misdemeanor. In Virginia, this is the most serious class of misdemeanor, carrying the following potential penalties:

• Jail Time: Up to a maximum of 12 months in jail.
• Fines: A fine of up to $2,500.
• Combination: A judge has the discretion to impose both jail time and a fine.

Beyond these statutory penalties, a conviction creates a permanent criminal record that can appear on background checks, affecting employment opportunities, professional licenses, and even housing applications. It is a conviction that carries a significant social stigma, regardless of the underlying details of the case.

The Ultimate Stake: Civil Asset Forfeiture of Your Vehicle

This is the hammer of the law in these cases. Under Virginia Code § 18.2-357.1, the government can initiate a separate civil lawsuit to seize and take permanent ownership of any property—including a vehicle—used in connection with a prostitution offense. This is called civil asset forfeiture.

Here’s how it works and why it’s so perilous:

1. Separate Legal Action: The forfeiture case is a civil case, not a criminal one. This means the standard of proof is lower. The Commonwealth does not need to prove its case “beyond a reasonable doubt.” Instead, they only need to show by a “preponderance of the evidence” (meaning it’s more likely than not) that the vehicle was connected to the crime.
2. You Can Be Acquitted and Still Lose Your Car: Because the criminal and civil cases are separate, it is entirely possible to be found not guilty of the criminal charge but still have your vehicle forfeited in the civil case. This is a shocking reality for many defendants.
3. The Process is Swift: The Commonwealth’s Attorney can file a forfeiture action quickly after the vehicle is seized. You will receive a formal notice, and you have a very limited time to file a response and assert your ownership rights. Failure to respond correctly and on time can result in a default judgment, meaning you lose the vehicle automatically.

In my experience, the fight to recover a seized vehicle is often more complex and demanding than the defense of the underlying misdemeanor charge. It requires an attorney who is not only a seasoned criminal defender but also experienced in the nuances of Virginia’s asset forfeiture laws.

The Virginia Legal Process: From Roadside to Courtroom

Navigating the legal process for a vehicle-related prostitution charge involves a series of critical stages, beginning with the initial law enforcement encounter and proceeding through the Virginia court system. The case is primarily handled in the General District Court and prosecuted by the local Commonwealth’s Attorney’s Office. Each step presents opportunities for a strategic defense but also carries risks if not handled with precision and legal guidance.

Understanding the roadmap of the legal journey is essential. Many people feel lost and overwhelmed after an arrest, unsure of who is involved and what comes next. Here is a breakdown of the typical process, highlighting the roles of the key players.

1. The Arrest or Summons

The process typically begins with a police investigation, which may involve surveillance or an undercover sting operation. An officer might initiate a traffic stop based on observing suspicious activity or as a pretext to investigate further. At this point, the officer will gather evidence, which may include statements from you or passengers, observations of the vehicle’s interior, and data from your cell phone (if a warrant is obtained or you give consent). You will either be taken into custody or issued a summons to appear in court.

2. The Role of Law Enforcement and the Commonwealth’s Attorney

The arresting agency (e.g., city police, county sheriff, or Virginia State Police) compiles a report and presents the evidence to the prosecutor. The Commonwealth’s Attorney’s Office for that specific city or county then decides whether to formally press charges. The prosecutor is your adversary in court. Their job is to use the evidence gathered by police to prove, beyond a reasonable doubt, that you violated Virginia Code § 18.2-347.

3. Arraignment in General District Court

Your first court appearance will be an arraignment in the Virginia General District Court of the jurisdiction where the offense allegedly occurred. At the arraignment, the judge will formally read the charge against you and you will be asked to enter a plea (typically “not guilty” at this stage to preserve all your rights). This is also when the court addresses the matter of legal representation and sets a trial date.

4. The Pre-Trial Phase: Investigation and Negotiation

This is where the bulk of a defense attorney’s work is done. It involves:

• Discovery: We formally request all of the Commonwealth’s evidence against you, including police reports, witness statements, body camera footage, and any other evidence they intend to use.
• Legal Motions: We analyze the evidence for constitutional violations. Was the traffic stop lawful? Was the search of your vehicle constitutional? Was evidence illegally obtained? If so, we can file a Motion to Suppress, asking the judge to exclude that evidence from the trial. A successful motion can gut the prosecution’s case.
• Negotiation: We may engage in discussions with the Commonwealth’s Attorney to see if a favorable resolution is possible, such as a reduction or dismissal of the charge. The strength of our negotiating position is directly tied to the strength of our pre-trial investigation and legal arguments.

5. The Trial

If no pre-trial resolution is reached, the case will proceed to trial in the General District Court. The judge will hear testimony from the police officer and any other witnesses, review the evidence, and listen to legal arguments from both the prosecutor and your defense attorney. The judge then renders a verdict of guilty or not guilty. If you are found guilty, the judge will impose a sentence.

6. The Appeal and Forfeiture Proceedings

If you are convicted in the General District Court, you have an absolute right to appeal the decision to the Virginia Circuit Court. An appeal results in a brand new trial, where you can have a jury decide your case. Concurrently, the civil asset forfeiture case regarding your vehicle will be proceeding, usually in the Circuit Court. These two tracks—the criminal appeal and the civil forfeiture—must be managed simultaneously.

The SRIS Virginia Vehicle Forfeiture & Defense Checklist

When facing a charge for using a vehicle to promote prostitution, organization and prompt action are your greatest assets. The moments following an arrest are critical for preserving evidence and protecting your rights. I have developed this practical checklist based on decades of experience to help clients focus on what matters most. This is not legal advice, but a guide to prepare you for a productive and confidential case assessment with an experienced attorney.

Step 1: Document Your Encounter with Law Enforcement

Your memory is evidence. Write down everything you can remember as soon as possible. Do not store this on a device that could be seized.

• ☐ Date, time, and exact location of the stop/arrest.
• ☐ The reason the officer gave for stopping you.
• ☐ Every question the officers asked you.
• ☐ Every answer you gave. Be brutally honest.
• ☐ Did you consent to a search of your person, phone, or vehicle? (Yes/No)
• ☐ Were you read your Miranda rights? If so, when?
• ☐ Names or badge numbers of the officers, if you have them.

Step 2: Preserve All Potential Evidence

Do NOT delete or alter anything. Deleting data can be viewed as consciousness of guilt and can lead to additional charges.

• ☐ Preserve text messages, app conversations (dating apps, messaging apps), and call logs. Your attorney will determine what is relevant and how to handle it.
• ☐ Save any GPS data or location history from your phone or vehicle’s system for the time in question.
• ☐ Keep any receipts or financial records that might be relevant (e.g., hotel bills, cash withdrawals).

Step 3: Understand the Specific Charges and Documents

Gather all paperwork you were given by law enforcement or the court.

• ☐ Locate your copy of the Virginia Uniform Summons or arrest warrant. Note the specific code section charged (e.g., § 18.2-347).
• ☐ If your vehicle was seized, you should have received a receipt or paperwork. If you receive a “Notice of Seizure for Forfeiture” by mail, keep it and note the date you received it. This document has critical deadlines.

Step 4: Assess Your Vehicle’s Status

The ownership and financial status of your vehicle are central to the forfeiture case.

• ☐ Is the vehicle titled solely in your name?
• ☐ Are there co-owners on the title? (e.g., a spouse, parent)
• ☐ Is there a lien on the vehicle? (i.e., do you have a car loan?) If so, who is the lender and what is the outstanding balance?

Step 5: Exercise Your Right to Remain Silent

This is the most important step. Do not discuss the case with anyone other than your attorney.

• ☐ Do not speak with law enforcement, investigators, or the Commonwealth’s Attorney without your lawyer present.
• ☐ Do not post about the incident on social media.
• ☐ Do not discuss the details with friends, family, or the other individuals involved in the case. These people can be compelled to testify against you.

Strategic Defenses Against a Promoting Prostitution Charge

A successful defense against a charge of using a vehicle for prostitution requires a meticulous examination of the facts and a deep understanding of Virginia law. Defenses often center on challenging the prosecution’s ability to prove essential elements like knowledge and intent, as well as scrutinizing the legality of law enforcement’s actions. An acquittal is not about telling a better story; it’s about showing the court that the Commonwealth cannot meet its high burden of proof.

Over my years in Virginia courtrooms, I’ve learned that every case has unique vulnerabilities. A charge on paper is one thing; proving it in court is another. The following are some of the key strategic avenues we explore when building a defense.

Challenging “Knowledge and Intent”

This is often the cornerstone of the defense. The Commonwealth must prove that you *knew* your vehicle was being used for a prohibited purpose. Merely being present or giving someone a ride is not enough. We challenge this element by asking critical questions:

• Was there direct evidence of knowledge? Did you admit to knowing the purpose of the trip? Were there explicit communications? The absence of such evidence significantly weakens the prosecutor’s case.
• Can your actions be explained innocently? Perhaps you were simply giving a ride to someone you met online, with no knowledge of their intentions. We work to present a plausible, innocent explanation for your presence and actions that creates reasonable doubt.
• The “Innocent Owner” Defense: This is particularly relevant in asset forfeiture cases. If your car was used by someone else (a friend, a family member) without your knowledge or consent, you may be able to recover it. This defense requires you to prove you were not aware of and did not consent to the illegal use, and that you had taken reasonable steps to prevent it.

Attacking the Legality of the Stop and Search (Fourth Amendment)

The U.S. Constitution protects you from unreasonable searches and seizures. If the police violated your rights, any evidence they found can be suppressed, or thrown out of court.

• Unlawful Traffic Stop: Did the police have a legitimate reason to pull you over in the first place? A stop based on a hunch or a discriminatory profile is illegal. We meticulously examine the stated reason for the stop (e.g., a broken taillight, failure to signal) to ensure it was not just a pretext.
• Illegal Search: Did the police have a warrant to search your car? If not, did they have probable cause? Did you voluntarily and knowingly consent to the search? Police often pressure drivers into giving consent. If consent was not freely given or if they exceeded the scope of the consent you gave, the search may be deemed illegal.
• Improper Search of Your Phone: Police need a specific warrant to search the contents of your cell phone. Simply seizing it does not give them the right to go through your messages and apps. Any evidence found through a warrantless phone search is a prime target for a suppression motion.

The Defense of Entrapment

Entrapment occurs when law enforcement induces a person to commit a crime that they otherwise would not have committed. This is a high bar to meet, but it can be a powerful defense in cases arising from undercover sting operations. To be successful, we must show that the police’s conduct went beyond simply providing an opportunity to commit a crime and instead involved pressuring, coercing, or persuading an unwilling person into breaking the law.

Challenging the Definition of “Use”

Virginia Code § 18.2-347 requires that the vehicle was “used for the purpose of” prostitution. We can argue that the connection between the vehicle and the alleged act is too tenuous. For example, if the plan was for individuals to meet at a hotel, and the vehicle was only used for transportation to that location, we can argue that the vehicle itself was not the “place” where the prostitution was intended to occur. This is a nuanced legal argument that depends heavily on the specific facts of the case.

Common Mistakes That Can Jeopardize Your Case

In the high-stress environment following a criminal charge, it is easy to make critical errors that can have lasting consequences. In my practice, I have seen well-meaning individuals unintentionally harm their own cases. Avoiding these common pitfalls is paramount.

1. Talking to the Police. This is the single most damaging mistake. You have the right to remain silent—use it. Police are trained to elicit incriminating statements. They may sound friendly or suggest that “clearing things up” will help you. It will not. The only person you should discuss your case with is your lawyer.
2. Consenting to Searches. You are not required to consent to a search of your vehicle or your cell phone. Police may ask in a way that makes it seem like you have no choice, but you do. Politely and firmly say, “Officer, I do not consent to any searches.” This forces them to get a warrant, which they may not have the legal basis to do.
3. Ignoring the Civil Forfeiture Notice. The paperwork for the seizure of your vehicle is not junk mail. It has strict, non-negotiable deadlines. Missing the deadline to file a claim for your property can result in you losing it by default, regardless of the strength of your case.
4. Deleting Communications. The instinct to delete potentially embarrassing text messages, app chats, or call logs is understandable but dangerous. It can be considered “spoliation of evidence” or obstruction of justice, leading to more legal trouble. Preserve everything and let your attorney advise on how to proceed.
5. Underestimating a Misdemeanor. Do not assume a Class 1 misdemeanor is a minor issue. A conviction can result in jail time, significant fines, and a permanent criminal record that will follow you for life. The associated vehicle forfeiture can cost you an asset worth thousands of dollars. Treat the charge with the seriousness it deserves from day one.
6. Waiting to Hire an Attorney. Evidence disappears, memories fade, and legal deadlines pass. The sooner you have an experienced attorney on your side, the better their ability to preserve evidence, interview witnesses, and build a strong defense strategy before the prosecution has solidified its case against you.

Glossary of Key Legal Terms

Asset Forfeiture

A legal process in which the government seizes assets (like a vehicle) that are suspected of being involved in or resulting from criminal activity. In Virginia, this is a civil action, separate from the criminal charge.

Assignation

An appointment for a meeting, especially one made for illicit sexual purposes. This term is used in Va. Code § 18.2-347.

Bawdy Place

A legal term defined in Va. Code § 18.2-347 to include any place, such as a building or vehicle, kept or used for the purpose of lewdness, assignation, or prostitution.

Class 1 Misdemeanor

The most serious category of misdemeanor crime in Virginia, punishable by up to 12 months in jail, a fine of up to $2,500, or both.

Commonwealth’s Attorney

The elected public prosecutor in Virginia who represents the state (the “Commonwealth”) in criminal cases.

Preponderance of the Evidence

The standard of proof in most civil cases, including asset forfeiture. It means that it is more likely than not (a greater than 50% probability) that a claim is true.

Motion to Suppress

A formal legal request made by a defense attorney to a judge, asking to exclude evidence from trial because it was obtained in violation of the defendant’s constitutional rights.

Common Scenarios & Questions

These charges often arise from situations that seem ambiguous at first. Here are a few realistic scenarios I’ve encountered that reflect common questions.

Scenario 1: “I lent my car to my cousin, and he got arrested for prostitution. Now the police have seized my car. Can they do that?”

Yes, they can. The initial seizure is based on the vehicle’s connection to the crime, not its owner. Your fight is to get it back. You will need to actively participate in the civil asset forfeiture case and prove you are an “innocent owner.” This means demonstrating that you had no knowledge of your cousin’s illegal activity and that you had no reason to suspect he would use your car for such a purpose. Your testimony and the history of your relationship will be critical.

Scenario 2: “I was arrested after police found messages on a dating app where I discussed meeting someone and exchanging money for their time. We never actually met. Can I still be convicted?”

This is a challenging situation. The prosecution will argue the messages show your intent to use the vehicle for a prohibited purpose. However, a strong defense can be mounted. We would argue that talking about something is not the same as doing it, and that no act was ever completed. Furthermore, if the police searched your phone without a warrant, we would file a motion to suppress the messages entirely. The case would hinge on whether the Commonwealth can prove you took a substantial step toward committing the crime beyond mere preparation or conversation.

Scenario 3: “I work for a rideshare service and drove a passenger to a hotel. Later, police contacted me, saying my passenger was involved in prostitution. Am I at risk?”

Your risk depends entirely on your knowledge. If you were simply a driver providing a requested ride with no knowledge of your passenger’s purpose, you have not committed a crime. The Commonwealth would have to prove you *knew* you were transporting someone for the purpose of prostitution. Rideshare drivers are generally not liable for their passengers’ independent criminal acts. However, if there was evidence suggesting you were a regular, knowing participant (e.g., repeated trips for the same person, unusually large cash tips, incriminating conversations), your situation becomes much more serious. It is vital not to speak with investigators without legal counsel.

Frequently Asked Questions (FAQ)

1. What is the exact law in Virginia for using a vehicle in relation to prostitution?
The primary statute is Virginia Code § 18.2-347, which makes it a Class 1 misdemeanor to keep or frequent a “bawdy place.” The law specifically includes any vehicle used for the purposes of lewdness, assignation, or prostitution within this definition.

2. Can I really lose my car forever?
Yes. Under Virginia’s civil asset forfeiture laws (Va. Code § 18.2-357.1), the government can permanently take ownership of your vehicle if they can prove by a preponderance of the evidence that it was used to facilitate a prostitution offense.

3. What’s the difference between this charge and a human trafficking charge?
This charge typically involves consensual commercial sex acts. Human trafficking is a far more serious felony offense that involves forcing, deceiving, or coercing someone into prostitution or labor against their will.

4. What if the car isn’t in my name, but I was driving it?
You can be charged with the criminal offense of violating § 18.2-347 as the operator. The vehicle’s owner would then be involved in the civil asset forfeiture case and would have to prove they were an “innocent owner” to get their property back.

5. What if the car is co-owned or I have a loan on it?
This complicates the forfeiture case. A co-owner can assert an innocent owner defense for their share of the vehicle’s equity. A bank or lienholder also has a protected interest. However, you could still lose your own equity in the vehicle.

6. Is a first offense treated more leniently?
While a clean record is always helpful in negotiations and sentencing, there is no “first offender” program that automatically dismisses this charge. It is still a Class 1 misdemeanor, and the risk of vehicle forfeiture is the same regardless of your criminal history.

7. Will a conviction for this show up on a background check?
Yes. A conviction for a Class 1 misdemeanor is a permanent part of your criminal record in Virginia and will be visible on most standard employment, housing, and professional licensing background checks.

8. Can this charge ever be expunged from my record?
In Virginia, you can only expunge a charge if it was dismissed, you were acquitted (found not guilty), or the prosecution chose not to file the charge (nolle prosequi). If you are convicted, you cannot have it expunged.

9. Do I have to be in Virginia for this law to apply?
Yes, the alleged offense must have occurred within the Commonwealth of Virginia for you to be charged under the Virginia Code.

10. How can an attorney help if the police seem to have a strong case?
Even in a difficult case, an experienced attorney can make a significant difference. They can challenge the legality of the evidence, negotiate with the prosecutor for a reduced charge, argue for a more lenient sentence, and, critically, manage the complex civil asset forfeiture process to give you the best chance of recovering your property.

11. Is paying for sex illegal in the same way?
Paying for sex is a separate but related crime. Virginia Code § 18.2-346 (Prostitution) makes it illegal to commit prostitution or to solicit, encourage, or aid another to do so. This can also trigger vehicle forfeiture if a car is used in the commission of that offense.

12. What should my first step be after being charged?
Your first and most important step is to exercise your right to remain silent and contact a seasoned criminal defense attorney. Do not wait for your court date. Early intervention is key to building a strong defense.