Solicitation of Prostitution
Solicitation of prostitution lawyer in Florida
Sometimes, “Johns” get caught up in a reverse police sting operation for solicitation of prostitution. If she is a hooker on the street and has all of her teeth, she is probably an undercover cop. Another way undercover cops get Johns is by setting up a bogus online ad for prostitution.
What are the defenses to solicitation of prostitution in Florida?
Entrapment is often the best defense to solicitation of prostitution in Florida. Generally, a cop or an undercover agent acting in cooperation with a cop, perpetrates an entrapment when, for the purpose of obtaining evidence of a crime, she originates the idea of the crime and then induces another person to engage in conduct constituting such a crime when the other person is not otherwise disposed to do so.
The rationale of the entrapment defense should be that of deterring cops from reprehensible conduct. Entrapment should be defined in terms of inducements which create a substantial risk that the offense will be committed by persons other than those who are ready to commit it.
Many times undercover female cops pose as prostitutes on the street. They may be wearing a wire. Also, other cops close by – sometimes in a van - may record video of the alleged incident.
Generally, for an entrapment defense to solicitation of prostitution:
-the cops originate the crime
-the cops induce the defendant to commit the crime
-the defendant is an innocent person who would not have committed a crime of this sort if he had not been induced.
Also, if there was no offer or agreement to exchange money for sex, that could be a valid defense.
What is the difference between prostitution and solicitation of prostitution?
“Prostitution” means the giving or receiving of the body for sexual activity for hire but excludes sexual activity between spouses. There is actual sexual activity with prostitution.
Solicitation is not specifically defined under the Florida Statute like prostitution is. However, under the solicitation subsection, it is unlawful:
To solicit, induce, entice, or procure another to commit prostitution, lewdness, or assignation.
With solicitation, unlike prostitution, there need not be any sexual activity in order for the state of Florida to get a conviction. The essence of solicitation is some kind of an offer to engage in prostitution.
What are the penalties for solicitation of prostitution in Florida?
First time: 60 days in jail, mandatory $5,000 fine (yes, that is right, a $5,000 fine). Don't be fooled by other lawyer's websites that have inaccurate, out of date information. They are probably not board certified criminal trial lawyers.
Second time: 1 year in jail, mandatory $5,000 fine.
Third or subsequent time: 5 years prison, mandatory $5,000 fine.
If the violation was effected through the use of a motor vehicle, your driver's license will be suspended. Also, you will have to go get tested for HIV and sexually transmitted diseases. Additionally, your reputation, career and your marriage may be in jeopardy.
Mandatory $5000 (five thousand dollar) fine for solicitation of prostitution conviction
Many lawyers miss this. Florida law, effective in 2013 for the solicitation of prostitution statute, requires the judge to order a $5,000 fine upon conviction or even on a withhold of adjudication.
Anyone who violates the solicitation section of the prostitution statute must be assessed a $5,000 fine unless he beats it at trial or the charges get dismissed. There are potential challenges to the statute. It may be unconstitutional. It is in direct conflict with another statute limiting the fine to $500. The fine is not proportionate to the offense. However, most rational people won't want their name associated to any appeal for a solicitation of prostitution conviction.
What if there are no defenses to solicitation of prostitution, what can a criminal lawyer do to help?
A criminal lawyer, hopefully, a board certified criminal trial attorney, can help mitigate the damage from a solicitation of prostitution charge in Florida.
There may be a way to get the solicitation of prostitution case dropped. There are no guarantees as to any outcome in any criminal case. However, I have handled countless solicitation of prostitution charges in Florida, and many times the clients get their case dropped. It may be dropped for a number of reasons. A through investigation of the audio and video showing no agreement or offer - money for sex. Also,there may be an entrapment defense at trial. There may be a negotiated deal with the prosecutor to get your charges dismissed before any trial. It starts with a thorough investigation by a board certified criminal trial lawyer. If your solicitation of prostitution case is dropped, you may be eligible to get your case sealed or expunged if you have no prior convictions.
“Law is not black and white, it's Grey”
Board certified criminal trial lawyer Grey Tesh represents people charged with solicitation of prostitution all over Florida. Our main criminal law office is in West Palm Beach, Florida.