How to Beat A Solicitation Charge: 5 Things You Should Know If You’re Arrested for Solicitation or ProstitutionJul 21, 2017, by Legal Blog, Sex Crimes in
If you are arrested for soliciting a prostitute or engaging in prostitution, you need to take your situation seriously. Solicitation and prostitution are serious charges and they are not convictions you want on your record. The best thing you can do is learn as much about your situation, rights, and options as possible. This will help you fight the charges and push for the best possible outcome to your situation. If you are in Michigan, you can do this by contacting the criminal defense attorneys at Davis Law Group.
Call us today at (313) 818-3238.
5 Things You Should Know If You’re Arrested for Solicitation
If you have been arrested for solicitation, you should know:
1. You have the right to an attorney immediately
Once you are arrested for a crime, you have the right to an attorney and you have the right to be given an opportunity to contact a lawyer or contact someone who can do so for you. You have the right to remain silent and not answer any questions until your lawyer is present. You can have your lawyer at every interrogation, and they can advise you throughout your case. You should always take advantage of this right and contact a criminal defense lawyer as soon as possible.
2. Is Prostitution a Felony?
If you have two or more previous charges, you can face a felony charge, punishable up to two years in prison and a fine up to $2,000. However, if this is your first time being arrested for solicitation or prostitution then you will likely be charged with a misdemeanor and punished by up to 93 days in jail and a fine up to $500. A second charge will likely still be a misdemeanor but with a harsher punishment.
3. A prosecutor only has to prove intent, not the act
The main distinction between solicitation and prostitution is that for solicitation, prosecutors only need to prove you intended to provide money or something else of value for sexual favors, whereas, for prostitution, prosecutors would need to prove the exchange and sexual act took place. The standard remains the same, prosecutors must provide evidence that you are guilty beyond a reasonable doubt. However, not having to show that an exchange of money for a sex act took place does make a prosecutor’s job easier.
4. It is difficult to prove entrapment
If you were picked up by a female officer undercover as a prostitute, you may want to argue entrapment. However, this legal defense is incredibly difficult to prove. You must have evidence that you were coerced into committing a crime. Entrapment is just that an officer created an opportunity for you to commit a crime, it is not that the officer’s actions overcame your own free will and forced you to break the law.
5. You can defend against these charges
If you are arrested and charged with solicitation, your situation may feel hopeless. You may think you will have to simply take whatever punishment the court doles out. However, this is not true. By working with an experienced criminal defense lawyer, you can fight against these charges. At Davis Law Group, we will work to have the solicitation charges dropped. If a prosecutor intends to move forward with a trial, we can build a strong defense strategy or negotiate a plea deal.
Contact an Experienced Detroit Criminal Defense Attorney
If you are facing charges for a sex crime in Michigan, contact us at Davis Law Group online or by calling (313) 818-3238 and schedule a free initial consultation. We will carefully review your situation and advise you on your rights and legal options.