The casual evening abruptly spirals into stress as flashing police lights flood the street. Confusion morphs into dread when the officer approaches, the words “soliciting prostitution” hanging in the air. Suddenly, a seemingly harmless interaction threatens your freedom, career, and future.
Knowing what steps to take and understanding your situation can shift you from uncertainty to empowerment. Here’s what you need to know about solicitation of prostitution in California.
Defining the Charge: What Does Soliciting a Prostitute Mean?
In California, soliciting prostitution means attempting to engage someone in a sexual act for money or something of value. The solicitation includes actions like approaching someone to request sexual services, agreeing to pay for sexual acts, or making arrangements to engage in prostitution—even if no money changes hands or no act occurs.
For the State to convict you of soliciting prostitution, it must prove the following:
- You specifically intended to engage in prostitution,
- You communicated that intent clearly through words or actions, and
- You performed some act to further the solicitation.
Simply talking about prostitution isn’t enough—the state must show clear intent and an active step toward the act.
What Steps Should I Take If Charged with Solicitation?
If you’re facing solicitation charges, taking the following actions can significantly impact your case outcome:
- Remain silent and calm. Cooperate minimally and politely with law enforcement, but do not discuss details of your case.
- Avoid self-incrimination. Do not admit guilt or explain your actions without consulting a lawyer.
- Obtain experienced legal representation. Hire a qualified prostitution defense lawyer promptly to protect your rights.
These initial steps lay a strong foundation for your defense strategy.
Consequences of Solicitation of Prostitution in California
You may be wondering, Can you go to jail for soliciting prostitution? The short answer is yes. Solicitation is a misdemeanor under California law, but penalties increase with repeated offenses:
- First-time conviction—up to 6 months in county jail, a fine of up to $1,000, and possible probation and mandatory counseling;
- Second-time conviction—mandatory minimum of 45 days in jail, increased fines, and stricter probation conditions; and
- Third or subsequent conviction—minimum of 90 days in county jail, higher fines, and enhanced probation terms or mandatory community service.
The repercussions for solicitation can be severe, especially when it involves minors or aggravating circumstances. These circumstances could result in stricter penalties, including the requirement to register as a sex offender, which can significantly affect your life.
Additional Consequences Beyond the Courtroom
The ramifications of a solicitation of prostitution charge extend beyond the legal realm, including:
- Damage to personal relationships,
- Potential loss of employment or difficulty obtaining new jobs,
- Harm to your professional reputation, and
- Social stigma that can affect your mental health and personal life.
Understanding these consequences highlights the urgency of addressing your charges proactively and thoughtfully.
Common Myths About Solicitation Charges
Misunderstandings about solicitation charges often cause additional anxiety. Here are common myths clarified:
- Solicitation requires an actual exchange of money. You can be charged with solicitation even if no money or sexual acts were exchanged—intent alone can be sufficient if accompanied by a substantial action.
- First-time solicitation offenses are minor and not serious. Even first-time offenses can carry significant consequences like jail time, fines, and long-term damage to your reputation.
- You can talk your way out of solicitation charges without an attorney. Talking to law enforcement without legal advice can strengthen the prosecution’s case against you.
Debunking these myths is essential to addressing your situation accurately and taking informed actions.
Defense Strategies: More Than Just Denials
A skilled defense attorney will thoroughly investigate the specifics of your case, exploring strategies beyond simple denials that significantly increase your chances of achieving a favorable outcome. Here are some key defense strategies.
Entrapment
If law enforcement induces you to commit a crime, you wouldn’t otherwise have committed, this can be a powerful defense. We examine the officer’s actions for signs of undue pressure or manipulation. However, if there is undeniable proof of a willingness to engage in prostitution without excessive coercion or deception from law enforcement, the entrapment defense will not be successful.
Lack of Intent
The burden of proof lies with the prosecution, who must demonstrate that you intended to engage in prostitution. You can refute intent by highlighting any possible misunderstandings or vagueness in the circumstances surrounding your interactions. It’s possible that your presence was merely coincidental or law enforcement took your words out of context.
Insufficient Evidence
We thoroughly review all evidence, including police reports, witness statements, and recordings. If the evidence is weak or circumstantial, we aggressively argue for dismissal or reduction of charges.
Violation of Rights
You can suppress evidence if law enforcement obtained it by violating your constitutional rights, such as an illegal search and seizure. We work to protect your rights throughout the arrest and investigation process.
Negotiated Resolutions
When appropriate, we negotiate with prosecutors for reduced charges or alternative sentencing, such as diversion programs or community service. This can minimize the impact on your record and future.
Why You Need a Prostitution Defense Lawyer
The complexity and sensitivity surrounding solicitation cases require an experienced lawyer. An effective prostitution defense attorney will:
- Carefully examine all evidence to identify weaknesses or misconduct in the police investigation,
- Negotiate to reduce or dismiss charges through alternative programs or diversion, and
- Deliver your arguments with confidence to ensure the court understands your perspective.
Having legal counsel can increase your chances of achieving a favorable resolution and mitigating long-term consequences.
Take the First Step to Reclaiming Your Peace of Mind
While facing charges for soliciting prostitution may feel overwhelming and isolating, remember that it does not define you or your future. The Law Offices of Shawn M. George, APC, knows how to weaken the state’s case against you. With his extensive experience as a prosecutor and defense lawyer, Attorney Shawn George is ready to build a personalized, aggressive, and compassionate defense to protect your freedom and reputation.
Don’t let uncertainty or fear control your next steps. Contact us today. Let’s turn this challenging moment into a clear pathway toward reclaiming your life and dignity.
Frequently Asked Questions
What’s the Difference Between Solicitation and Prostitution?
Prostitution involves engaging in sexual activity for money or valuable consideration, while solicitation is the act of requesting, agreeing, or negotiating to engage in prostitution.
Is It Possible to Get a Solicitation Charge Dismissed?
Yes. You can sometimes have charges dismissed or reduced if there’s insufficient evidence, procedural errors by police, or through successful negotiation by an experienced attorney.
Resources:
- Judicial Council of California Criminal Jury Instructions, CALCRIM No. 1154 (2024), link.
- Judicial Council of California Criminal Jury Instructions, CALCRIM No. 1155 (2024), link.
- California Megan’s Law Website, Summary of California Registration Laws, link.