Criminal Law Lawyer
Webster defines “solicitation” as, the act of asking for or trying to obtain something from someone. In criminal cases, solicitation is a bit different. If you have been criminally charged with solicitation it is likely because you influenced an individual to conduct in criminal activity. Prostitution is most common in these cases.
All that is required for a prosecutor to charge you with criminal solicitation is you influencing someone to commit a crime, with you. In some cases, if the influencer is unsuccessful is their request of another individual, charges cannot be made.
As it pertains to prostitution, a “prostitute” may request or attempt to have someone partake in sexual misconduct with him or her in exchange for currency, if there are unsuccessful, in some cases, they can still be charged with solicitation.
Much like an attempt charge case, if the act did not take place, the prosecutor will not be successful in charging an individual if they cannot prove intent behind the accused’s actions. This defense is typically used in failed solicitation situations. If compensation was not discussed in the exchange, regarding prostitution, one may argue that there was no soliciting at all. Because solicitation can be quite tricky, the other party involved (the influenced party) may be asked to speak or give a statement to successfully convict the accused party.
There are several instances of solicitation so the punishments not only vary state-to-state, but also based on the level of the crime committed. A judge, jury, and prosecutor will utilize all facts of the case to reach a conviction and verdict. Your criminal history will be taken into account, the extremity of the crime, and many other factors such as if that act led to other illegal activities. Such as passing any sexually transmitted diseases onto the other party, regarding prostitution.
Because solicitation can be a very tricky charge, it is best to have a legal defense team to help strategize and map out all options available to you. If you or someone you know has been charged or is being investigated for solicitation, speak with a knowledgeable Decatur criminal law lawyer that will be able to review all the details of your case and fight for you in the courtroom. These are charges that you cannot fight alone, and should not have to. Many criminal defense attorneys offer free consultations, this will give you an idea of what it is you are truly facing and what your next step should be.
Thank you to our friends and contributors at Andrew R. Lynch, P.C. for their insight into criminal defense and solicitation.