Building a Strong Defense Against Solicitation Charges

Building a Strong Defense Against Solicitation Charges

Being accused of solicitation can have severe consequences, including jail time, fines, and reputation damage. But with an experienced criminal defense lawyer, even innocent defendants can beat the charges or mitigate penalties. This article examines strategies for building a vigorous defense against solicitation allegations.

Understanding the Crime of Solicitation

Legally, solicitation involves encouraging or inciting someone else to commit a crime, even if the underlying crime never takes place. For example, soliciting a prostitute or trying to hire a hitman. Solicitation charges can occur along with conspiracy charges when multiple parties are involved in planning a crime together[1].

To prove solicitation, prosecutors must establish the defendant purposely and knowingly tried persuading someone else to commit a crime. Simply discussing illegal acts is not enough without active encouragement or planning.

Challenging the Strength of the Evidence

A top priority for any defense lawyer is attacking flaws in the prosecution’s evidence. Common strategies include[2]:

• Filing motions to suppress illegally obtained evidence
• Discrediting witnesses by exposing bias or credibility issues
• Presenting contradictory evidence that creates reasonable doubt
• Highlighting sloppy police work that compromised evidence

If critical evidence gets thrown out or undermined, it can defeat the charges against the defendant.

Questioning Criminal Intent

Since solicitation requires intent, the defense will work to show the defendant lacked true criminal intent. Arguments may include[3]:

• The defendant was joking or exaggerating but did not mean to encourage a crime
• It was a misunderstanding or mistake, not real planning
• The defendant was entrapped by police into discussion
• Mental health issues clouded the defendant’s judgment

Doubt about genuine intent makes it harder to prove solicitation took place.

Using Character Witnesses

Presenting witnesses to vouch for the defendant’s law-abiding character is common. Friends, family, employers may testify about[4]:

• The defendant’s honesty and integrity
• Their reputation as a peaceful, nonviolent person
• Positive contributions to the community
• Strong moral values against harming others

This can create reasonable doubt they would seriously solicit crimes.

Alleging Police Misconduct

In solicitation stings, the defense may claim police used excessive persuasion, coercion, or manipulation. Possible misconduct includes[5]:

• Entrapment through repeated persuasion to commit a crime
• Intimidating or coercing the defendant into discussions
• Putting words in the defendant’s mouth
• Misrepresenting conversations

While challenging to prove, such allegations can taint the case against the defendant.

Attacking Weaknesses in Undercover Operations

The defense will scrutinize undercover operations for any flaws that undermine evidence like[6]:

• Missing or defective surveillance recordings
• Incomplete documentation of meetings
• Gaps in operational timelines
• Failure to maintain proper oversight

Sloppy police work casts doubt and makes charges tougher to prove.

Negotiating Plea Deals

Rather than risk trial, many solicitation cases end in plea bargains. Typical outcomes include[5]:

• Pleading to reduced charges
• Avoiding sex offender registration
• Probation and community service rather than jail time

Plea deals provide more certainty and often lighter penalties.

Educating the Jury

If a trial occurs, the defense will work to educate the jury about flaws in undercover operations, the difference between idle talk and true intent, and why police may have exaggerated the conversations.

An informed jury is less likely to convict based solely on inflammatory-sounding transcripts.

Summary

While solicitation charges should always be taken seriously, an experienced criminal defense attorney can often get charges dismissed pre-trial or negotiate reduced penalties. Never try to navigate these allegations without skilled legal guidance.