Being charged with solicitation of a prostitute is a serious matter in California, but there are several defenses that can be effectively employed to challenge the charges. At Simmons Wagner, LLP, we are experienced in defending clients against such charges. Here are the top four defenses used in solicitation cases. Contact us at (949) 439-5857 for a free legal consultation.

1. Entrapment by Law Enforcement

Entrapment is a legal defense that occurs when a law enforcement officer induces someone to commit a crime that they otherwise would not have committed. This defense is particularly common in solicitation cases where undercover officers are involved in sting operations.

To successfully argue entrapment, you must demonstrate that:

• Luring by Police: The police lured or pressured you into requesting sexual acts.
• No Prior Intent: You would not have committed the act if not for the police’s inducement.

Entrapment can involve overbearing conduct such as:

• Pressure and Harassment: Intense pressure or continuous harassment by the officer.
• Fraud and Flattery: Deceiving or flattering you into committing the act.
• Threats: Using threats to coerce you into soliciting.

2. Lack of Intent to Engage in Sexual Activity

For a solicitation charge to hold, there must be clear intent to engage in a sexual act. Demonstrating a lack of intent is a powerful defense strategy.

• Joke or Dare: If you asked for a sexual act as a joke or part of a dare, you did not have the specific intent to engage in the act.

For example, if someone dared you to approach a prostitute and you did so without any real intention of following through, this lack of intent could lead to the charges being dropped.

3. Challenging Police Credibility

Questioning the credibility of law enforcement can be an effective defense in solicitation cases. This can be done in two main ways:

• Lack of Corroborating Evidence: If the police fail to provide video or audio recordings to support their claims, you can argue that their statements lack credibility.
• Officer Misconduct: If the arresting officer has a history of misconduct, your defense attorney can discredit their testimony by bringing up past instances of dishonesty or improper conduct.

4. Insufficient Evidence

In the criminal justice system, the burden of proof is on the prosecution to demonstrate guilt beyond a reasonable doubt. If there is insufficient evidence to support the solicitation charges, the case can be challenged effectively.

• Proof Beyond a Reasonable Doubt: The prosecution must provide credible evidence to meet this burden. If they fail to do so, your defense attorney can argue for the case to be dismissed due to lack of evidence.

The Importance of Legal Representation

Facing solicitation charges is serious, and having a skilled criminal defense attorney is crucial. At Simmons Wagner, LLP, we provide comprehensive legal assistance and can help you navigate the complexities of your case. Our services include:

• Legal Advice: Explaining the specific laws that apply to your case.
• Post-Arrest Support: Working to ensure you avoid jail time after your arrest.
• Court Representation: Attending court hearings on your behalf.
• Criminal Record Prevention: Taking steps to help you avoid a criminal record.
• Plea Deals: Negotiating with prosecutors to reach favorable plea deals.

If you are accused of solicitation or any sex-related crime, contact Simmons Wagner, LLP at (949) 439-5857 for a free legal consultation. Our experienced attorneys will work diligently to protect your rights and achieve the best possible outcome for your case.

Solicitation charges can be daunting, but with the right legal strategy, you can effectively challenge these allegations and protect your future. Reach out to Simmons Wagner, LLP today to get the legal support you need.