These 9 things are important to know when thinking about how to beat a solicitation charge.
1) You have the right to an attorney immediately but you Must Demand it
If you have been charged with solicitation, it is important to remember that you have the right to an attorney upon contact and custodial interrogation. Custodial interrogation basically means that a reasonable person would not have felt free to leave. Example, if an officers tells you to sit down and to not leave and starts questioning you.
On top of this it is important that you are unequivocal in your demand. For example, you can’t say I would like an attorney or I think I need an attorney. In order for your 6th amendment right to kick in and for the officers to stop harassing you, you must demand an attorney.
2) You can defend against these charges
If you have been charged with solicitation, it is important to understand your legal rights and how to beat a solicitation charg.
3) Insufficient evidence can be a good defense
Often times police officers are quick to arrest based on circumstantial evidence at a prostitution sting. For example, an officer will arrest just for being at the scene and expect the case to go away without any mention of conversations. This happens when an officer sees a male picking up a female on the side of the road.
Other times, an officer will make an arrest but will not have access to anyone phone so they will not be able to prove the conversations. This type of scenarios happens when a person keep their phone locked and does not hand over the passcode.
Even if they had the conversations, they would still have to prove that the person at the other end was you and not a spoofed number. This is why an officer will take your phone and call it. If notification is turned on then they will see their number ring on your phone then they will be able to determine where it came from.
Many fightable cases end with a guilty verdict because people do not want to look at the report and see the evidence against them.
4) No exchange of compensation
If you are facing a solicitation charge you need to under stand how to beat a solicitation charge, one of the best ways to beat it is to prove that no exchange of compensation occurred. This unfolds when two people are just hanging out with each other. These types of relationships can include a sugar daddy type relationship or a friendly relationship between a massage therapist and customer or even an escort type of situation. All these relationships are legal within the letter of the law and it is up to the prosecution to prove otherwise.
At the end of the day, the bottom line is that was no agreement between you and the other person for any kind of payment or goods in return for sexual services.
5) You Can Get Arrested for Soliciting Over the Phone
If the conversation was clear enough for prostitution via text , police officers can use their resources to find information about you and recommend filing of the case against you directly. If this happens then you will get a letter in the mail telling you to go to court. If you are charged with soliciting over the phone, there are several steps you can take to beat the charge. First, it is important to understand that the authorities have to prove that it was you at the other end of the line. In other words, they have to prove that it was you using the phone and not someone else.
They can do this circumstantially, however, they will need access to your phone and proof that you were in control of it. This happens when you are stopped and arrested on your way to the room. If you left your phone unlocked then it will create a situation which shows you had control over the phone because the officer will go thru it. Even if you left it locked and with notification on, this will still present a problem which will bee discussed below. .
6) Police do not have to tell you who they are
A common misconception with sex workers is that when dealing with an undercover officer, they have to tell you who they are. This is not the case. Police officers have no duty to be truthful to you in their investigations. When you are arrested and find out they were an officer or undercover, it will be too late. It is important to remember that they do not have to tell you who they are.
7) Escorting is Legal in California
Yes. In California, escorting is legal as long as it is done in a professional manner and does not involve any form of prostitution. This is important when understanding how to beat a solicitation charge. In other words, the sex can not be part of the transaction. Although sex may come afterwards between two adults, on paper/writing/text it can’t be bought and paid for. Services that are allowed are companionship services, such as dinner dates or social outings, but once they go into a sexual nature in exchange for money then it becomes a legal problem.
If you have been charged with solicitation of prostitution, there are several steps you can take to beat the charge.
8) Expect mailers to your house
One of the biggest problems with being arrested is getting mailers sent to your house. This is even more problematic if you are married and are arrested for prostitution. If this is the case then you need to check the mail for whole month as the majority of these mailers will come in during that time.
Often times an arrest for prostitution can lead to a range of other legal troubles. Such as domestic violence from the tension that it creates to even a divorce which makes your concerns on how to beat a solicitation charge seem small.
9) Why It Is Important to Hire a Lawyer
Having an attorney by your side during a prostitution charge can alleviate a lot of pressure of you. They know more on how to beat a solicitation charge. These pressure can include non legal issues such as counseling on how to make it thru in one piece and how to deal with with the coming barrage of mailers. An attorney can also court to court in your place so you can continue working and also deals with the legal issues involved too which will be explained below.
Fighting the Prostitution Charges
As explained above, the police do not always have all the evidence they need for a conviction. Many times they only have enough for the arrest. However, you will not know unless you get their report and see the evidence against you. The evidence against you can include police reports and body cam footage and witness information to some extent. In addition you have right which an attorney will help you exercise these rights include the ability to cross examine your accusers, put evidence on in your own defense in front of 12 people (Jury trial) and use the subpoena power to look for evidence that favors you.
Avoiding the penalties for a conviction
Solicitation is a serious offense that can result in jail time, fines, and other consequences.If you have been charged with solicitation, it is important to understand the potential penalties and how to beat a solicitation charge . In the Orange County Superior Court the District Attorney will come out seeking 10 days of jail. However, this is 109 days of jail is stayed or hung over your head if complete cal trans. This means you do not have to do the jail time if do the physical labor. On top of that other penalties will include STD testing and counseling classes and probation.
Contact an Experienced Orange County Criminal Defense Attorney
The first step in how to beat a solicitation charge is to hire an experienced criminal defense attorney. An attorney can help you build a strong defense and negotiate with prosecutors for reduced sentencing and even avoid the conviction. Call today for a consultation (714)589-3063.