NATIONALLY RECOGNIZED FEDERAL LAWYERS
Battling Philadelphia Solicitation and Pandering Accusations
|Last Updated on: 5th December 2023, 08:31 pm
Battling Philadelphia Solicitation and Pandering Accusations
Getting accused of solicitation or pandering in Philadelphia can be scary. These charges can lead to fines, jail time, and can really mess up someone’s life. But there are ways to fight back if you’ve been wrongly accused. This article will break down what solicitation and pandering laws actually mean, common defenses, and tips for battling the charges.
What Do Solicitation and Pandering Laws Mean?
Let’s start with what solicitation and pandering accusations actually involve legally speaking.
- Solicitation laws in Philly make it illegal to exchange or offer to exchange any fee for a sex act. It’s basically illegal to pay for or offer to pay for sex.
- Pandering laws involve convincing or coercing someone else to become a prostitute. It means encouraging someone to exchange sex acts for money, even if you don’t directly pay them.
The city takes these crimes seriously. Solicitation can lead to fines up to $300 and jail time up to 90 days. Pandering convictions can mean thousands in fines and years behind bars.
But these laws are also controversial. Critics say they can punish consenting adults for victimless crimes. And they often disproportionately target marginalized communities like immigrants and LGBTQ folks.
So battling these charges is important to prevent real injustice. Let’s look at some common defenses.
Fighting Solicitation Accusations
The easiest solicitation cases to beat are ones based on weak evidence. Often these charges rely heavily on an undercover cop’s word. If the officer has a sketchy history or made procedural mistakes, this can create reasonable doubt.
For example, in 2018 Philadelphia police were sued for wrongful solicitation arrests. Turns out officers were flat-out lying about suspects propositioning them! All charges got dropped.
Entrapment defenses can also work. This means showing how you were unfairly induced into committing a crime you otherwise wouldn’t. Like if an undercover cop aggressively insisted on paid sex multiple times until you reluctantly agreed.
You may also argue the “agreement” was vague and open to interpretation. There needs to be a clear offer and acceptance of sex for money to prove solicitation. Intention matters.
Some defendants will claim they never meant their words seriously. This can work if you have evidence of just making a dumb joke or exaggerating.
Battling Pandering Charges
Pandering accusations arise less often than solicitation charges. But they can be fought using similar defenses.
A common strategy here is contesting how the law defines “encouraging” prostitution. If statements merely acknowledge reality without actively endorsing it, that may not qualify.
For example, a 2015 case against a Philly motel owner got dismissed. Despite knowing prostitution took place there, he never directly promoted it.
You can also argue there’s no victim, since pandering laws don’t require proving anyone actually became a prostitute. If the alleged target denies feeling pressured into sex work, this can show lack of harm.
And again, entrapment is an option if you can show police manipulated you into promoting prostitution. Like through intimidation tactics or repeated begging.
Tips for Battling the Charges
Here are some general tips if you’re dealing with solicitation or pandering accusations:
- Don’t admit to anything when first arrested. Even saying “I’m sorry officer, I’ve learned my lesson” can be used against you.
- Get a lawyer ASAP. An experienced criminal defense attorney can properly protect your rights. Don’t go it alone.
- Check for procedural problems in how your arrest went down. Violating protocols like reading Miranda rights can help dismiss the case.
- Don’t try to pay off an undercover cop. Some targets think offering a bribe will make charges go away. It just digs a deeper hole.
- Be ready to take it to trial. These cases rely heavily on alleged verbal exchanges. Force the prosecution to prove their version beyond reasonable doubt.
- Emphasize your clean record. If you have no history of prostitution or pandering, point this out to undermine the charges.
- Highlight entrapment. Even if this defense doesn’t fully apply, alleging unfair police pressure can help create doubt.
Stay strong if you’ve been accused. With the right legal strategy, you can show solicitation and pandering charges don’t reflect the real situation. Don’t let stigma or fear stop you from fighting for justice.
https://prostitution.procon.org/penalties-for-prostitution/
https://statelaws.findlaw.com/pennsylvania-law/pennsylvania-prostitution-and-solicitation-laws.html
https://www.aclupa.org/en/legislation/why-sex-work-should-be-decriminalized https://www.nolo.com/legal-encyclopedia/defending-against-prostitution-charges-30217.html https://www.inquirer.com/philly/news/crime/philadelphia-police-settlements-false-arrests-prostitution-20180131.html https://www.nolo.com/legal-encyclopedia/entrapment-basics-33987.html https://www.palawhelp.org/resource/solicitation-of-prostitution-in-pennsylvania https://caselaw.findlaw.com/pa-superior-court/1708291.html
https://www.inquirer.com/philly/news/20150204_Judge__Not_enough_evidence_for_pimping_charges_against_Phila__motel_owner.html https://www.shouselaw.com/ca/defense/penal-code/266i-pc/