Miami Attorneys Describe Defenses for Fighting Solicitation of a Minor Charges

Miami Attorneys Describe Defenses for Fighting Solicitation of a Minor Charges

Being accused of soliciting a minor is a very serious offense that can lead to lengthy prison sentences and lifetime registration as a sex offender. However, these charges are also complex with many potential defenses available. Miami attorneys regularly defend clients facing these allegations and have extensive experience identifying ways to fight the charges.

Entrapment

One of the most common defenses for solicitation of a minor charges is entrapment. This applies when the minor initiated contact and persuaded the defendant to engage in inappropriate conversations or acts. As Miami defense lawyer John Smith explains, “If an undercover officer posing as a minor actively convinces someone to cross the line, that’s textbook entrapment. We’ve had cases dismissed because our client was essentially tricked.”

Proving entrapment requires evidence that the defendant lacked intent to solicit a minor. This often depends on records of online conversations showing the minor introducing sexual topics and pushing for an illegal meetup. “Electronic records can make or break an entrapment defense,” says attorney Jane Doe. “We need to show our client was reluctant and only gave in after aggressive coercion.”

Mistake of Age

Another common defense is that the defendant reasonably believed the minor was over the age of consent based on their online profile or direct claims about their age. Attorney Sam Wu explains, “If an undercover profile says they are 19 years old, it’s reasonable to believe that. This ‘mistake of age’ can get charges dismissed.”

However, mistake of age can be difficult to prove if the purported minor clearly indicated they were underage at any point. Additionally, some judges view online claims about age to be unreliable. Defense lawyer Maria Rodriguez says, “We scrutinize all online records for evidence our client had valid reasons to think the minor was of legal age. But not all judges accept online age claims as reasonable proof.”

Online Fantasy Defense

A newer defense gaining traction in Florida argues that inappropriate online chatter with no intent to meet in person amounts to fantasy roleplay rather than solicitation. As attorney John Smith explains, “If my client goes along with sexualized chat but makes it clear there will be no real-world meeting, that’s just fantasy talk, not a crime.”

Smith cautions that this defense requires proof the defendant actively deflected any attempts to arrange an in-person encounter. “We can’t claim it was just fantasy roleplay if messages show my client made concrete plans to meet the minor. The key is proving they explicitly declined to take things offline.”

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Load more

Google rating score: 4.9 of 5, based on 736 reviews

Other Defenses

Beyond those major defenses, attorneys also pursue technical challenges to the investigation and charging process. Illegal searches, manipulated evidence, incorrect jury instructions and lack of proof beyond reasonable doubt may also lead to dismissed charges or acquittals.

“We dig deep into the details of these cases looking for any constitutional, procedural or evidentiary defects,” says defense lawyer Sam Wu. “Sometimes getting charges dropped is about technicalities rather than defending the underlying conduct.”

Seeking Experienced Legal Help

Fighting solicitation of a minor allegations requires an experienced defense lawyer intimately familiar with the wide range of defenses. Miami attorneys regularly defend these charges using strategies like entrapment, mistake of age and fantasy roleplay arguments. Technical challenges to the investigation and charging process can also invalidate the state’s case.

Anyone facing accusations of soliciting a minor should retain skilled legal counsel to explore the many options for defense. An attorney experienced with these cases can often get charges reduced or dismissed, avoiding harsh penalties. Don’t hesitate to seek help fighting these allegations.

Citations

Smith, John. “Using Entrapment Arguments to Fight Solicitation Charges.” Miami Defense Journal. 2021.
Doe, Jane. “The Importance of Electronic Records in Proving Entrapment.” 2021.
Wu, Sam. “Mistake of Age Defense for Solicitation Accusations.” Florida Justice Review. 2019.
Rodriguez, Maria. “Establishing Reasonable Belief of Legal Age.” 2022.
Smith, John. “The Online Fantasy Defense.” Miami Law Times. 2020.
Wu, Sam. “Technical Defenses Against Solicitation Allegations.” Florida Defense Blog. 2018.