Judge Linda Poust Lopez
Mercedes B. was charged with prostitution and moved for dismissal in the interest of justice. The complaint alleged Mercedes entered a hotel room of an undercover officer and told the officer to pay $150 for the hour in response to whether he should pay now or after they engaged in sexual intercourse. Defense counsel claimed Mercedes had an economic hardship after Hurricane Sandy, and voluntarily entered into an agreement to become an escort, and the position included sexual activities with clients. The court noted there were numerous criteria for dismissal in the interests of justice, but it need not address all factors, stating the facts and circumstances must be of such a nature that denial would be an abuse of discretion as to shock the conscience of the court. Here, the court noted Mercedes made no showing she was a victim of sex trafficking or coercion, showing that she voluntarily entered into the charged behavior for financial gain. The court found the prosecution’s offer of disorderly conduct was not punitive or a disproportionate non-offer, but took into account defendant’s future of not being permanently marked a prostitute. Hence, her motion for dismissal was denied.
