- October 17, 2023
- Sex Crimes Blog
Learn The Secrets to Fighting a Florida Solicitation Charge
The first step to knowing how to beat a solicitation charge in Florida is understanding the nitty-gritty of the offense. Per Section 769.07 of the Florida Statutes, it is unlawful to purchase the services of a prostitute. It’s also illegal to solicit, induce, entice, or lure someone to perform a commercial sex act.
Sexual activity isn’t a requirement for a solicitation charge—merely encouraging another to engage in prostitution is enough.
There are different types and degrees of solicitation in Florida. For example, a first violation is considered a misdemeanor, punishable by one year in prison or probation and a $1,000 fine. Meanwhile, a second violation is a third-degree felony that carries a 5-year jail term or probation and a fine of $5,000.
Third or subsequent solicitation offenses are second-degree felonies that come with severe consequences. If you’re facing a third charge for soliciting prostitution, you’re at risk of spending up to 15 years in prison. You may also be made to pay a $10,000 fine upon conviction.
Note that certain factors, like the involvement of a minor, can aggravate a solicitation charge and lead to more severe penalties.
Common Defenses to A Florida Solicitation Charge
Discover How You Can Defend Yourself When Charged with Solicitation in Florida
There are numerous strategies to fight a solicitation charge in Florida. They include:
Mistaken Identity
The defense of mistaken identity implies that you weren’t at the scene of the alleged crime at the stipulated time. You can prove this by presenting a solid alibi. Once you can show that you were somewhere else when the alleged solicitation happened, you’ll be acquitted of the charges.
Illegal Entrapment
Entrapment happens when a law enforcement agent persuades a defendant to engage in a crime they wouldn’t have otherwise committed. This act is common in sting operations and is a valid defense to solicitation if proven.
Procedural Mistakes
If the police officer made some material procedural errors during your arrest or investigation, you can leverage them to secure your freedom. For example, you may take advantage of the fact that you weren’t read your Miranda rights upon arrest.
Insufficient Evidence
The prosecution must prove all the elements of solicitation to secure your conviction. You may beat the charge if they don’t have sufficient proof against you. Your attorney may also file a motion to suppress material evidence that was obtained illegally.
Misunderstood Motives
You may have attempted to engage in sexual relations with someone without an agreement to compensate them for it. There are many other cases where your intentions can be wrongly construed to mean solicitation. You may have been at the wrong place at the wrong time. If this is your situation, you can fight the charge by proving that your motives were misunderstood.
For example, while soliciting prostitution is a crime in Florida, patronizing escort services is not. That’s because people who hire escorts are believed to do so for companionship and not sexual favors. If you were wrongfully arrested for soliciting prostitution when you were only hiring an escort, you have a good defense to your charge.
There may be more ways to defend yourself against a solicitation charge, depending on the specifics of your case. However, knowing that defense strategies are available to you will do you little good without an experienced attorney’s help.
You’ll find out why below.
How to Beat A Solicitation Charge in Florida With Help from A Solicitation Defense Attorney
Never Underestimate The Importance of A Florida Solicitation Defense Lawyer in Fighting Your Solicitation Charge
Your chances of successfully defending your solicitation charge depend on a lot of factors. These include the complexity of your case, the strength of the evidence against you, and many more. However, one of the most essential determinants is the quality of defense attorneys you choose. The more skilled, dedicated, and experienced your lawyer is, the higher your chances of getting the desired outcome.
In other words, having a qualified solicitation defense attorney by your side is one of the most important strategies to beating your solicitation charge. Here are the essential duties a knowledgeable lawyer will undertake to increase your chances of a case dismissal:
- Defend your rights for the duration of the case
- Offer you quality legal advice and guidance to prevent you from making detrimental mistakes
- Plan a personalized and solid defense against your charges
- Gather evidence in your favor and suppress evidence against you whenever possible
- Investigate your case to discover hidden facts that can help to dismiss your charges
- Aggressively challenge the prosecutor and offer compelling arguments in your favor.
In essence, hiring an aggressive solicitation defense attorney is the singular most important decision you can make after your arrest. The various defenses are essential tools in fighting your charge. However, your lawyer is the craftsman who knows how to utilize them to produce the preferred outcome.
The best time to call your defense attorney is at the earliest possible time after an arrest. Calling your legal team early enough gives them enough time to plan your defense. It also helps them swing into action to preserve valuable evidence while guiding you through the next steps to avoid mistakes.
Contact Our Qualified Legal Team at Taracks & Associates ASAP
Let’s Work Together to Increase Your Chances of A Case Dismissal
Florida believes in the dignity of the individual. So, anything that is incompatible with this value, including prostitution and solicitation of prostitution, has been criminalized. While solicitation of prostitution can seem like a harmless crime, it carries harsh penalties even for a first-time offender. If you’ve been arrested or charged with solicitation, you should do everything you can to avoid a conviction.
At Taracks & Associates, we understand the consequences of solicitation of prostitution all too well. So, it’s our sole aim to ensure that you beat this charge in the most effective way possible. From conducting thorough investigations to offering solid legal advice and top-notch advocacy, we’ll do everything necessary to aggressively defend your case.
If you’re ready to fight for your freedom, so are we. Begin the process by dialing 813-281-2897 to schedule a free case review now.