Florida Solicitation Lawyer
Being charged with solicitation in Florida can have devastating consequences for your reputation, career, and future. If you’re facing solicitation charges, you need an experienced Florida solicitation lawyer who understands the complexities of these sensitive cases and will fight aggressively to protect your rights. At Daniel J. Fernandez, P.A., our skilled criminal defense attorneys have over 43 years of experience defending clients against solicitation charges throughout Florida, providing the strategic representation you need during this challenging time.
Solicitation charges carry serious legal penalties and social stigma that can follow you for years. With more than 500 successful trials under his belt, Daniel J. Fernandez has the proven track record and courtroom experience necessary to challenge the prosecution’s case and work toward the best possible outcome for your situation.
Understanding Florida Solicitation Laws
Florida Statute 796.07 defines solicitation as the act of soliciting, inducing, enticing, or procuring another person to commit prostitution, lewdness, or assignation. The law covers both the solicitation of prostitution services and the act of being solicited. Under Florida law, solicitation is typically charged as a second-degree misdemeanor for first-time offenders, carrying penalties of up to 60 days in jail, six months of probation, and fines up to $500.
However, subsequent offenses carry increasingly severe penalties. A second conviction becomes a first-degree misdemeanor, punishable by up to one year in jail and fines up to $1,000. Third and subsequent convictions are classified as third-degree felonies, carrying potential penalties of up to five years in prison and fines up to $5,000.
Florida’s solicitation laws also include provisions for enhanced penalties in certain circumstances. If the alleged solicitation occurred within 1,000 feet of a school, church, or other specified locations, or if it involved a minor, the charges and potential penalties increase significantly. These enhanced charges can result in felony classifications even for first-time offenders.
The prosecution must prove specific elements to secure a solicitation conviction, including intent and the actual act of soliciting. An experienced solicitation defense attorney can challenge these elements and identify weaknesses in the state’s case.
Common Defense Strategies for Solicitation Charges
Defending against solicitation charges requires a thorough understanding of Florida criminal law and strategic thinking. As a former prosecutor, Daniel J. Fernandez understands the tactics used by the prosecution and can anticipate their strategies to build a strong defense.
Entrapment is one of the most common defenses in solicitation cases. Law enforcement agencies frequently conduct undercover operations to catch individuals allegedly engaging in solicitation. However, if police officers induced someone to commit a crime they wouldn’t have otherwise committed, this may constitute entrapment. Your defense attorney will examine the circumstances of your arrest to determine if law enforcement crossed the line from investigation to inducement.
Lack of intent is another powerful defense strategy. The prosecution must prove that you had the specific intent to engage in or facilitate prostitution. If the evidence shows that you had no such intent, or if your actions and words have been misinterpreted, this can form the basis for a strong defense.
Constitutional violations during the investigation or arrest can also provide grounds for dismissing charges or suppressing evidence. If law enforcement violated your Fourth Amendment rights against unreasonable searches and seizures, or your Fifth Amendment rights regarding self-incrimination, any evidence obtained through these violations may be inadmissible in court.
Mistaken identity or false accusations are also possible defense strategies. In some cases, individuals are wrongfully accused based on circumstantial evidence or unreliable witness testimony. A thorough investigation can reveal the truth and clear your name.
The Impact of Solicitation Convictions
A solicitation conviction can have far-reaching consequences beyond the immediate legal penalties. These charges carry significant social stigma and can affect various aspects of your personal and professional life for years to come.
Employment opportunities may be severely limited following a solicitation conviction. Many employers conduct background checks, and a conviction for solicitation can disqualify you from certain positions, particularly those requiring professional licenses or security clearances. This is especially true for careers in education, healthcare, finance, and law enforcement.
Professional licensing boards often view solicitation convictions seriously and may suspend or revoke professional licenses. Doctors, lawyers, teachers, real estate agents, and other licensed professionals face potential disciplinary action that could end their careers.
Family relationships and child custody arrangements can also be affected. In divorce or custody proceedings, a solicitation conviction can be used against you and may influence decisions regarding parenting time and responsibilities.
Immigration consequences are another serious concern for non-citizens. Solicitation convictions can result in deportation proceedings, denial of naturalization applications, or inability to obtain certain visas or immigration benefits.
The digital age has made these consequences even more severe. Background checks are now routine for everything from employment to housing applications, and conviction records are easily accessible online. This makes it crucial to fight solicitation charges aggressively from the beginning.
Tampa Solicitation Lawyer FAQs
What should I do if I’m arrested for solicitation in Florida?
If you’re arrested for solicitation, remain calm and exercise your right to remain silent. Do not discuss the charges with law enforcement without an attorney present. Contact an experienced criminal defense lawyer immediately, as early intervention can be crucial to building a strong defense and potentially avoiding formal charges.
Can solicitation charges be dropped or dismissed?
Yes, solicitation charges can be dropped or dismissed under various circumstances. If the prosecution lacks sufficient evidence, if law enforcement violated your constitutional rights, or if your attorney can negotiate with prosecutors, charges may be reduced or dismissed entirely. Each case is unique, and the outcome depends on the specific facts and circumstances involved.
Is solicitation a felony in Florida?
Solicitation is typically charged as a misdemeanor for first-time offenders in Florida. However, it becomes a felony for third and subsequent convictions, or if certain aggravating factors are present, such as solicitation near a school or involving a minor. The specific classification depends on your criminal history and the circumstances of the alleged offense.
How can an attorney help with my solicitation case?
An experienced solicitation defense attorney can review the evidence against you, identify potential defenses, negotiate with prosecutors for reduced charges or dismissal, and represent you in court if necessary. They can also help protect your reputation and minimize the impact on your personal and professional life throughout the legal process.
What evidence do prosecutors typically use in solicitation cases?
Prosecutors often rely on undercover recordings, text messages, emails, witness testimony from law enforcement officers, and surveillance footage. However, this evidence must be obtained legally and prove specific elements of the crime. An experienced attorney can challenge the admissibility and reliability of this evidence.
Can I represent myself in a solicitation case?
While you have the right to represent yourself, it’s strongly discouraged in solicitation cases due to their complexity and serious consequences. These cases involve nuanced legal and constitutional issues that require specialized knowledge and experience to navigate effectively.
How long do solicitation cases typically take to resolve?
The timeline for resolving solicitation cases varies depending on factors such as court schedules, the complexity of the case, plea negotiations, and whether the case goes to trial. Simple cases may resolve in a few months, while more complex cases or those going to trial can take a year or longer.
Serving Throughout Florida
- Tampa
- St. Petersburg
- Clearwater
- Brandon
- Lakeland
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- Bartow
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- Sarasota
- New Port Richey
Contact a Florida Solicitation Attorney Today
If you’re facing solicitation charges in Florida, don’t wait to seek legal representation. The sooner you contact an experienced criminal defense attorney, the better your chances of achieving a favorable outcome. At Daniel J. Fernandez, P.A., we understand the sensitive nature of these charges and will handle your case with the discretion and aggressive advocacy you deserve. With over four decades of experience and recognition as one of Tampa’s top criminal defense attorneys, Daniel J. Fernandez has the knowledge and courtroom skills necessary to fight for your rights and freedom. Contact our office today for a confidential consultation to discuss your case and learn how a skilled Florida solicitation attorney can help protect your future.