YouTuber 'Linda Moran' want to know what happens to the people JohnTV catches on video.
Asked via YouTube in the comment section of a JohnTV video on Jan 13, 2014.
“Do these people get arrested after you show the tape to police? What happens to them?”
Answer: Probably the quickest way to answer this question is with a visual aid. See the flow chart below (click for larger version)...
People are often curious what happens with the video and the individuals in the video after they’ve been recorded engaging in alleged acts of prostitution.
In an ideal situation, the video clearly shows a violation of the law that results in criminal charges and a conviction. However, this is not always the case.
Depending on the location, time of day, and other circumstances, I may or may not contact 911 prior to approaching a vehicle.
Calling police is primarily for my safety and not to ensure the arrest of the individuals – because in most cases police do not arrive at my location until after the alleged ‘John’ and prostitute have fled the area.
If police do happen to arrive on scene, I show them the video and the individuals are placed into custody and I am asked to inform them they are under a citizens arrest (because the officer did not witness the alleged criminal activity). The individuals are then transported to the Oklahoma County Jail, booked in and (in most cases) allowed to post bail and are released 5-8 hours later (bail is usually $500).
In most cases police are either not called or do not arrive while the suspects are still present.
After a suspected act of prostitution is video recorded, the video is reviewed by JohnTV to see if it meets a minimum standard required to result in criminal charges. That standard is pretty simple – does the video show the individual(s) engaged in public lewdness (sexual activity) and can they be positively identified (you see their face and hopefully the vehicle’s tag)?
Many people do not realize two things…
1.) In Oklahoma, your vehicle provides you very little legal privacy and the activities you do in most vehicles is considered legally ‘public.’
2.) In Oklahoma, prostitution and public lewdness are the exact same statute – which means you don’t have to prove an exchange or offer to exchange money for sex to get a conviction within that statute – you only have to show lewdness. The charge usually reads, "prostitution, engaging in public lewdness."
If the video shows both obvious public lewdness that is prosecutable and the individual(s) can be positively identified then JohnTV contacts a member of Oklahoma City Vice and schedules a time and place to turn over a copy of the video for investigation.
OKC Vice reviews the video to see if there is both prosecutorial merit and if the offender(s) can be positively identified.
If those two requirements are met, then the OKC Vice detective forwards the video and a report to the Oklahoma County DA’s office for further consideration.
In an ideal situation an assistant district attorney confirms the OKC Vice detective’s findings and files criminal charges in Oklahoma County Court. Those charges can be either a misdemeanor or felony depending on the proximity of the alleged crime to nearby churches or schools.
To date, to the best of JohnTV’s knowledge, EVERY video that has resulted in charges has resulted in a guilty plea. Not a single case has gone to trial in Oklahoma County Court, as the defendant’s always plead guilty to avoid the video being played in court and facing the chance of the maximum sentence (up to a year in jail).
In the case of a convicted ‘John’ or prostitute, if they have no prior serious criminal record they are usually given a deferred sentence (3-24 months), a small fine ($50-$200) and assessed additional court costs. Deferred sentences may be expunged (removed from your/public record) after their completion.
In some cases the defendant’s deferred sentenced is deemed ‘supervised’ (you have to pay $40/month). A defendant may also have to have a health checkup, be assessed for drug and alcohol abuse, required to attend John School, and may have to complete up to 80-hours of community service.
If the defendant has a record the sentence may be suspended, as opposed to deferred, (which means an additional criminal record) and the fines and costs may be escalated. In some situations, someone with a long criminal record may be given up to a year in jail.
Regardless if a video captured by JohnTV is turned over to police or not, it is subject to publication online on JohnTV.com, JohnTV’s YouTube Channel and possibly other social media and online video hosting websites.
Additionally, JohnTV’s video are often licensed by media outlets all over the globe for various news, entertainment and infotainment productions.