In order to prove its case, the government must produce evidence of an agreement: money in exchange for sexual activity.  It is not a crime to dress provocatively in the wrong neighborhood, or to converse with a prostitute while stopping short of making an actual agreement.  You should discuss the facts of your case with an experienced criminal lawyer who has handled prostitution cases to determine if the government has a solid case against you.   The attorney you hire can assist you in asserting your discovery rights to get a look at the government’s evidence before making a decision of whether to go to trial.   Although the D.C. Code provides for punishment of up to 90 days in jail for a first offender, in practice the defendant in such cases will usually be offered diversion.  Diversion typically requires the defendant to perform community service or participate in drug treatment (if necessary) and in exchange for a dismissal of the charge.  However, even after the dismissal, the records of the arrest remain publicly available.   Prosecutors rarely offer diversion for second or subsequent offenses.

Even where the government has a strong case against you, it may be possible to get the charges dismissed on other grounds.    Once you have discussed your case with an attorney, reviewed the evidence from discovery, and explored other avenues to get the case dismissed, you should be in a good position to decide if diversion or trial is the best option for you.