In a solicitation of prostitution case in Sonoma County, the government must prove beyond a reasonable doubt the criminal defendant intended to perform a sex act (sexual contact or sexual penetration) with the prostitute in exchange for money or a thing of value.
If you were arrested as the result of a sting operation and charged with solicitation of prostitution, it is important that you realize the far-reaching consequences of a potential conviction for the crime. A sting operation is essentially a deceitful set-up intended to “catch” those engaging in illegal activities.
A police officer will generally act the part of a criminal or victim in order to gain evidence of a suspect’s criminal activities. Sting operations are FULL of ethical concerns regarding whether the operation constitutes entrapment or induces more criminal activity than otherwise would be the case.
Law enforcement personnel must be sure they are not actively inducing the commission of a crime in a person who otherwise would NOT have committed a crime. Further in the process of a sting operation, the police may be engaging in a similar crime, such as soliciting prostitution or prostitution itself.
Your case is predicated on the specific facts surrounding your arrest. Here are some defenses we would employ on your behalf:
- An entrapment defense could be used if the police were carrying out an undercover sting operation and it can be proven you were unfairly persuaded or “induced” into committing an illegal act;
- Your attorney may argue there is insufficient evidence to prove beyond a reasonable doubt you were breaking the prostitution or solicitation laws in the state of California, or
- The “mistake” defense may be applicable in your case. The mistake defense asserts you never intended to purchase a sexual act for money. For example, if you hired an escort and your intention was only to have a date for the evening, but later you had sexual contact, your attorney might be able to argue there was no intent to break the law.
- Oftentimes, evidentiary issues arise in solicitation and prostitution cases. Mistakes can be made on the part of the police, before, during and after your arrest, which could affect the case against you.
Contact The Sonoma County Sex Crimes Attorneys at: Fiumara & Milligan Law, P.C.
If you or someone you love has been arrested for soliciting a prostitute anywhere in Sonoma, Marin, Napa, Mendocino, Solano Counties or anywhere in the North Bay it is important to begin building your case IMMEDIATELY.
The longer these cases drag out, the worse it can be for your reputation and your future.DON’T WAIT! Time is of the essence—don’t gamble with a life-long stigma or SEX REGISTRATION!
Call the Sonoma County sex crimes lawyers at Fiumara & Milligan Law, P.C. today for a free & confidential initial consultation at 707-571-8600. After hours you will be connected to one of our highly skilled and knowledgeable sex crimes attorneys 24/7.
For MORE information on this subject please visit our dedicated webpage specific to prostitution by clicking HERE.