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Any arrest is stressful, but an arrest for solicitation can be especially humiliating. You probably just want to take care of the matter as quickly and discreetly as possible. Unfortunately, some jurisdictions take solicitation crimes very seriously.
Contact a solicitation lawyer immediately after your arrest. If you were detained, our legal professionals could provide representation at your arraignment. We could also work to have the charge dismissed or resolved in the way that has the least impact on you, your family, and your reputation in the community.
In most jurisdictions, solicitation is a criminal charge that is brought against someone who arranges to buy services from a sex worker. Sexual contact is not necessary; the crime is striking an agreement to provide something of value in exchange for sexual activity. In some areas, money or something else of value must change hands, but in most, just promising to pay is adequate to support a solicitation charge.
Most solicitation arrests in recent years have resulted from law enforcement surveillance of websites and electronic platforms where sex workers advertise and book appointments. Officers may interrupt a scheduled meeting and arrest both parties. In some cases, law enforcement creates a fake profile of a supposed sex worker, and just arranging a meeting with a clear intention of paying for sex triggers an arrest.
In most jurisdictions, soliciting an adult for sex is a misdemeanor, although repeat offenders might face felony charges. Soliciting anyone under 18 for sex is almost always a felony, even when the prospective patron was unaware of the person’s age and even when no sexual contact took place. Many jurisdictions punish offenders more severely when the child is under 15 or under 12.
It is essential for anyone charged with soliciting a minor to engage an experienced criminal attorney immediately.
A person is not guilty of the crime of solicitation unless they intend to arrange an exchange of something of value for sex. When the situation that led to the charge was a mistake or misunderstanding, the accused did not take part in solicitation.
The way that law enforcement enforces solicitation laws offers opportunities for the defense. Electronic surveillance requires the police to adhere to strict guidelines to protect a target’s civil rights. Officers assuming a fake identity could lead to the defense of entrapment.
A judge might dismiss the charges when a defense attorney can prove officers infringed an accused’s rights or manipulated them into allegedly committing solicitation.
Other defenses might be applicable in a specific case. For example, an accused might have believed a date was based on romantic feelings and not a commercial transaction. Sometimes, the police arrest the wrong person, someone who had no electronic or personal interactions with the alleged prostitute.
Depending on the facts of the case, coercion or force might be a defense to solicitation as well.
When a first offender faces a misdemeanor solicitation charge, resolving it without undue hardship on the accused is often possible. Some jurisdictions will allow a first offender to plead guilty to a non-criminal infraction. The sentence might include some combination of a fine, community service, and a class on gender-based violence and human trafficking.
Not all jurisdictions allow people charged with solicitation to plead to a non-criminal infraction. However, even in these areas, a first-offender could plead to a misdemeanor that does not carry the stigma of a solicitation offense.
Prosecutors are more inflexible when the charge involves a minor. A conviction for soliciting a minor often involves some jail time, supervised probation, and registration as a sex offender. It is critical to work with a seasoned solicitation defense attorney who could mount the most vigorous defense possible and, if necessary, argue for leniency.
Solicitation charges can impact a person’s family life, employment, and reputation in the community. Consequences could include a criminal record and even jail time.
A skilled solicitation lawyer could provide effective representation to resolve the charge as favorably and discreetly as the circumstances allow. Reach out as soon as you are charged or arrested.
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