Too often, a person charged with solicitation simply pleads guilty because they believe it is their only chance. This is false. While it may sometimes make sense to move forward with a plea deal, you should know that you might have defense options. Contact a sex crimes attorney to find out how we can help you by calling Chambers Law Firm at 714-760-4088.
The Legal Definition of Solicitation
First, it is important to understand what this crime is and what is required to prove it. Solicitation is “the crime of requesting someone to engage in the act of prostitution.” For a prosecutor to prove that a person is guilty of this crime, they must prove several things. First, they must prove that you requested that another person engage in prostitution, that you intended to follow through, and that the person received the threat.
Next, they must prove that the act in question qualifies as “prostitution” by California law. This means that it must be “sexual intercourse or a lewd act” in exchange for either cash or another type of compensation. The state considers a “lewd act” to be physical contact with a body part that is considered sexual for the purpose of sexual arousal. If the prosecutor cannot prove all of this beyond a reasonable doubt, then they have not proven their case.
- Entrapment
- Insufficient Evidence
- Undermining the Credibility of the Police Officer
If you can prove entrapment then you can likely win your case. Entrapment involves the police causing someone to commit a crime or pushing them to commit a crime they would not otherwise have committed. This can include badgering, persuading, coaxing, flattering, requesting repeatedly and insistently, appealing to sympathy, appealing to friendship, making the crime more attractive or lucrative than it is, promising you cannot get caught, or guaranteeing that conduct you are taking part in is not illegal.
The prosecution has to prove all elements of solicitation. If they cannot do so, or cannot do so beyond a reasonable doubt, then they do not have a strong enough case to win. While any element can be missing, the most common is intent. If you did not intend to engage in the act of prostitution then you are not guilty of solicitation.
Most charges of solicitation rely largely – or entirely – on the testimony of a police officer. If they did not record the incident and there is conflicting testimony, we can point to differences between what the officer says at trial and what their written report says.
Every case is different and requires an experienced criminal defense attorney who can take the time to find the right defense for your case. Start now by requesting a free legal consultation with Chambers Law Firm. Just call our offices at 714-760-4088.
