A solicitation arrest has the potential to alter your life. Though the criminal consequences for a first offense are relatively low, there is a social stigma attached to sex-related offenses. It can affect your reputation in the community, impact your romantic relationships, keep you from being eligible for specific jobs, and more. While it may seem easier and faster to plead guilty to the charges, accept your punishment, and move forward, doing so can have lifelong implications.
If you are facing charges for solicitation or prostitution, you have more options than you may realize. New Jersey takes a strict approach to sex crime prosecution, including prostitution-related offenses, especially those involving minors. Instead of facing those charges alone, get the help of a Newark solicitation lawyer. At the Law Office of Eric M. Mark, our knowledgeable criminal defense attorneys could offer perspectives and experiences that could help you get a more favorable outcome.
In New Jersey, prostitution and solicitation are related charges. New Jersey Revised Statutes § 2C:34-1 covers prostitution and solicitation as engaging in sexual acts for money, offering to engage in sexual acts for money, and accepting an offer to engage in sexual acts for money. The law also covers related offenses that contribute to prostitution, like maintaining a property for prostitution, brokering a sex act deal, transporting someone for purposes of prostitution, coercing someone into prostitution, and similar charges. Any adult who profits off of prostitution or directly engages in it may face charges.
It is essential to keep in mind that the age of the sex worker is relevant to prostitution and solicitation charges. Solicitation of a minor is a more substantial charge, with greater penalties and additional social stigma. In addition to a prostitution offense, it could be charged as an offense against a child, resulting in placement on the sex offender registry and more. A Newark lawyer could help defendants understand the nature of the solicitation charges against them and help develop a strong defense strategy.
The best defense against solicitation charges begins with a defendant’s first interactions with police officers. The right to remain silent and not provide any potentially incriminating information is probably the defendant’s most important right. It is vital to consult with an attorney before discussing anything with the police. Without an admission of guilt, it can be very challenging for the state to prove a prostitution or solicitation charge. After all, requesting sex from another adult is not illegal—it is the offer of money connected to the request that turns it into a criminal act.
However, beyond the right to remain silent, there are several other common defenses against solicitation charges.
One of the most common defenses against a solicitation charge is entrapment. Law enforcement stings attempt to trap those who want to hire sex workers. Misconduct or overreach by the officers can lead to inadmissible evidence. An experienced solicitation legal professional in Newark could carefully scrutinize sting operations and look for witnesses.
Many times, there is insufficient evidence to substantiate a solicitation claim. The state has the burden to prove that a defendant made an offer to purchase sex. If they do not have recordings of the transaction, it can be challenging to prove that allegation without corroborating evidence.
A similar defense is that the charges were a mistake. There has to be either an agreement to exchange money or a clear exchange of money or other goods of value. Without that agreement, the state cannot prove solicitation.
Of course, even when there is not a clear defense, a lawyer may be able to negotiate a plea deal. For example, first offenders may qualify for diversion programs—often known as deferred adjudication. These programs are not guaranteed, and they may not be available if the charges involve a minor.
While the criminal penalties for a first solicitation offense may seem relatively low, the social stigma and associated consequences can be extreme. Plus, repeated offenses can lead to potential prison time and fines exceeding $10,000. It is too risky to handle on your own. Instead, schedule a consultation with a Newark solicitation lawyer at our firm today.
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