All opinions are mine and mine alone.
Arrested for Solicitation? Here Are 5 Things You Should Keep in Mind
An arrest for solicitation can lead to serious penalties, even if no other crime was committed at the time. If you are arrested and charged with solicitation, there are some things you should understand about the charges you’re facing and the possible defenses against those charges.
You Are Entitled to Legal Representation
Everyone who is arrested and charged with a crime is entitled to legal representation, and this includes those who are arrested for solicitation. As soon as possible after the arrest, it’s crucial to seek legal guidance to defend against the charges and to minimize or avoid the serious penalties that could occur with a conviction. Visit Schnipper Law to learn about how a lawyer can help with solicitation charges.
Solicitation is Not Just Linked to Prostitution
When most people think about solicitation, they believe it’s connected to prostitution. While this is the most common type of solicitation, it is not the only way for someone to be accused of this crime. To be convicted of solicitation, the arrested person must have requested someone else commit a crime and intended to commit the crime with that person. An example of this might be an individual encouraging someone else to steal from a store with them, whether or not they end up going with the other person to steal something.
Solicitation Can be a Misdemeanor or Felony
For a first offense, the solicitation will likely be a misdemeanor charge. This means potential penalties include less than a year in jail as well as smaller fines. However, solicitation can be a felony charge even for the first offense in cases like a solicitation for murder. If you have been convicted of solicitation in the past, it is more likely you will be charged with felony solicitation. Felony solicitation charges lead to more severe penalties after a conviction.
Prosecution Doesn’t Need to Prove the Act Occurred
A common misunderstanding about solicitation is that the prosecution needs to prove the act occurred. In most cases, however, the crime itself is charged separately from the solicitation. To prove the solicitation occurred, the prosecution only needs to move that the criminal act was requested and that there was an intent to engage in the criminal act. Even if the criminal act cannot be proven, and those charges are dismissed, those involved could be convicted of solicitation.
Entrapment Can be Difficult to Prove
One of the most common defenses used against a solicitation charge is entrapment. The idea behind this is that the individual would have never committed the crime of solicitation if they weren’t coerced. The problem with this defense is that it is very difficult to prove. There needs to be a government official involved for this to be a possible defense. After that, it needs to be proven that the individual was threatened or intimidated into committing solicitation and that they would not otherwise have done so.
If you have been arrested and charged with solicitation, whether it’s related to prostitution or another type of crime, it’s crucial you seek legal representation immediately. A lawyer can review the facts of your case to determine what defenses are possible and will work on defending you against these charges. Speak with them today about your concerns and about your case to have a better idea of what to expect going forward.
Speak Your Mind