Being arrested on suspicion of solicitation can be stressful, frightening, and embarrassing. Fortunately, you do not have to face the aftermath alone. Instead, you can get help from an experienced criminal defense attorney who can help you seek a dismissal, acquittal, or another more favorable outcome to the prosecution.
Don’t leave the outcome of your charges to chance. Get the legal counsel and advocacy you need to stand up for your rights and interests by contacting McNamee Defense for an initial case evaluation. A Columbus sex crimes defense attorney with our firm will explain your rights and options and can help you pursue a favorable resolution to your charges.
Understanding Solicitation of Prostitution
In Ohio, it is a crime to knowingly solicit another person to engage in sexual activity for hire in exchange for the other person receiving something of value. The law defines “sexual activity for hire” as an implicit or explicit agreement to provide sexual activity in exchange for payment of anything of value to:
- The person engaging in sexual activity
- Any person who traffics a person engaging in sexual activity
- Any party associated with either person
Solicitation of prostitution constitutes a third-degree misdemeanor. However, solicitation after receiving a positive HIV test constitutes a third-degree felony.
Penalties for Solicitation of Prostitution
A misdemeanor solicitation conviction can result in penalties that include up to 60 days in jail, a fine of up to $500, or both jail time and a fine. However, a felony conviction for solicitation can impose a definite prison term of nine, 12, 18, 24, 30, or 36 months, plus a potential fine of up to $10,000. In certain circumstances, a court may sentence a convicted defendant to probation, which allows the defendant to avoid incarceration if they comply with specific conditions.
Solicitation convictions can have other collateral consequences, such as potential immigration consequences for non-citizens. A conviction will also result in a person having a criminal record, and the stigma of a solicitation conviction can make it harder to pursue employment or housing opportunities.
Common Defense Strategies
Depending on the facts of a solicitation case, a defendant may have various factual or legal defense strategies they could pursue. Common defenses against solicitation charges include:
- Lack of intent : A defendant may argue that they did not act with the mental culpability required by the solicitation statute as they did not knowingly solicit another person for sexual activity in exchange for payment of value.
- No exchange of value : A defendant may show that they did not provide anything of value to the person with whom they engaged in sexual activity.
- Mistaken identity : Defendants may challenge the reliability of eyewitness testimony or surveillance footage that purportedly identifies them as the perpetrator of the charged solicitation offense.
- No sexual activity : A defendant may claim that no sexual activity occurred.
- Entrapment : In an entrapment defense, a defendant must prove that they had no intention of committing the charged crime but for law enforcement officers or their agents encouraging or coercing them to engage in criminal activity.
- Unlawfully obtained evidence or statements : A defendant may seek to exclude the prosecution’s evidence by arguing that police obtained it through an unlawful search, such as a warrantless search or a search not supported by probable cause and exigent circumstances. Defendants may also seek to exclude their inculpatory statements if police violated their rights during an interrogation, including by failing to advise them of their rights or ignoring their requests to speak to an attorney.
How an Attorney Can Help
After an arrest for solicitation, it’s important that you have experienced legal counsel to help you defend your rights and reputation through a vigorous legal strategy. A Columbus solicitation defense lawyer from McNamee Defense can pursue a fair and favorable resolution to your solicitation charges by:
- Explaining the details of your charges and the potential outcomes to help you make informed decisions about how to proceed with your case at each step
- Independently investigating your charges to obtain evidence in your favor, including witnesses or alibi evidence that the police might not uncover in their investigation
- Reviewing the facts and evidence in your case to identify possible defense strategies
- Contesting aspects of the prosecution’s case to pursue a dismissal of your charge or to weaken the state’s evidence
- Preparing and pursuing a robust defense at trial if you choose to contest your charges
Why Choose Our Firm?
Few experiences are more upsetting and frightening than being arrested on suspicion of solicitation. Your freedom, reputation, and future rest on the strength of the legal counsel you engage in your defense. Turn to a criminal defense attorney from McNamee Defense because:
- Our firm provides aggressive yet discreet legal representation. We understand that you value your privacy and reputation during this challenging time. You can trust us to work tirelessly to achieve the outcome you want in your case.
- Our team focuses on the facts of a case to minimize unnecessary delays and vigorously pursue a resolution as efficiently as possible. Our goal is to reduce the anxiety and stress you feel while facing criminal charges.
- Attorney Colin E. McNamee has more than a decade of experience representing clients in criminal prosecution cases. Over the years, he has established a reputation for providing compassionate client service and a meticulous approach to legal advocacy. He will do everything he can to prepare comprehensive legal strategies designed to achieve the best possible resolution to your charges.
Frequently Asked Questions About Solicitation of Prostitution
You likely have pressing questions about solicitation charges in Columbus. Below, you’ll find the answers to the ones we most frequently receive from clients in similar situations.
By default, solicitation of sexual activity constitutes a misdemeanor offense. However, the offense can increase to a third-degree felony if a person engages in solicitation after receiving a positive HIV test.
A defendant arrested in a law enforcement prostitution sting operation may try to assert an entrapment defense, arguing that they would not have committed the charged conduct but for law enforcement’s actions. However, entrapment defenses can be exceedingly difficult to win, as a defendant must prove they had no intent to engage in criminal activity until law enforcement pressured or encouraged them to do so. As a result, having experienced legal counsel can prove critical to asserting an entrapment defense against a solicitation charge or determining an alternative strategy that might be more effective.
A conviction for solicitation of prostitution will appear on your criminal records, which may show up in a background check for employment, housing, or educational opportunities. As a result, you can best protect your reputation and future by taking proactive steps now to avoid a conviction.
Contact a Criminal Defense Attorney Today
If the police have arrested you for solicitation in Columbus, you need knowledgeable legal counsel that can level the playing field and pursue the fair outcome you deserve. Contact McNamee Defense today for a confidential consultation with a criminal defense lawyer to learn more about your options. We emphasize discretion, honesty, and teamwork, and we are prepared to do everything we can to protect your future.
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