Too frequently, someone accused of soliciting simply enters a guilty plea because they think it is their only option. That is untrue. You should be aware that you might have defense choices even if it may occasionally make sense to proceed with a plea agreement. By calling Chambers Law Firm at 714-760-4088, you can speak with a sex crimes lawyer to learn more about how we can assist you.
The meaning of solicitation
First, it’s critical to comprehend the nature of the crime and the necessary evidence. The act of requesting someone to engage in prostitution is known as solicitation. A prosecutor must demonstrate a number of elements before they can establish that a defendant committed this offense. They must first show that you asked someone else to engage in prostitution, that you planned to do so, and that the target of your request really received the request.
Next, they must demonstrate that the alleged act satisfies California law’s definition of “prostitution.” Accordingly, it must involve “sexual intercourse or an indecent act” in exchange for money or another form of payment. Physical contact with a body part that is deemed sexual for the aim of arousing one’s sexuality is regarded by the law as a “lewd act.” The prosecution has not established their case if any of this cannot be proven beyond a reasonable doubt.
Entrapment
Your case has a good chance of success if you can demonstrate entrapment. In an entrapment, the police coerce or coerce someone into committing a crime that they would not have otherwise done. This can involve nagging, persuading, coaxing, charming, making frequent and insistent requests, evoking empathy, evoking camaraderie, making the crime seem more alluring or lucrative than it actually is, assuring you won’t be caught, or ensuring that the behavior you are engaging in is lawful.
Insufficient evidence
All solicitation-related aspects must be proven by the prosecution. They do not have a strong enough case to win if they are unable to prove it, especially beyond a reasonable doubt. Any component might be absent, but purpose is the most often. You are not guilty of solicitation if you had no intention of engaging in prostitution.
Reducing the police officer’s credibility
Most allegations of solicitation rely heavily or totally on a police officer’s testimony. We can point to discrepancies between what the officer testifies at trial and what their written report says if they did not record the incident and there is conflicting testimony.
Every case is unique, therefore you need a skilled criminal defense lawyer who will take the time to identify the best possible defense. Request a free legal consultation with Chambers Law Firm right away to get started. Simply give us a call at 714-760-4088.
