Criminal Defense Lawyers

Solicitation of a Prostitute in Florida: Laws, Penalties and Criminal Defense

Getting charged with soliciting a prostitute in Florida can lead to severe consequences like jail time, fines, and having a permanent criminal record. But with an experienced criminal defense lawyer on your side, you may be able to get the charges reduced or even dismissed. This article will explain Florida’s laws on prostitution, the penalties for solicitation, and the best legal defenses you can use.

What is Solicitation of Prostitution in Florida?

Solicitation of prostitution simply means asking or hiring someone to engage in prostitution

. Florida law defines prostitution as “the giving or receiving of the body for sexual activity for hire” 

.So solicitation means offering to pay someone for sex, or agreeing to have sex with someone for money. The actual sexual act does not need to occur, just the offer or agreement

. Solicitation can involve asking someone you know is a prostitute, or even an undercover cop posing as one

.

Penalties for Soliciting a Prostitute in Florida

A first offense for soliciting prostitution is a second-degree misdemeanor

. The maximum punishment is:

• Up to 60 days in jail
• Up to $500 fine
• Probation

A second solicitation offense becomes a first-degree misdemeanor, with up to 1 year in jail and a $1,000 fine

.A third or subsequent offense is a third-degree felony, with up to 5 years in prison and a $5,000 fine

.In addition to jail time and fines, those convicted of solicitation in Florida must also:

• Perform 100 hours community service
• Complete an educational program on prostitution’s harms
• Get screened for STDs
• Pay a $5,000 civil penalty
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If the person solicited was a minor, the charge becomes more serious – a second-degree felony on the first offense

.

Why is Solicitation Illegal in Florida?

The main reasons solicitation is illegal are:

• It creates demand that fuels human trafficking and the exploitation of women and children
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• It spreads communicable diseases like HIV and hepatitis
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• It is viewed as a public nuisance leading to the decay of neighborhoods
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Law enforcement argues that by targeting those who pay for sex, they can reduce demand and curb prostitution overall

. But critics say the laws disproportionately punish sex workers simply trying to make a living.

Possible Defenses to Solicitation Charges

Here are some common defenses a criminal lawyer may use if you are charged with soliciting a prostitute:

You Were Entrapped

This means the police induced or encouraged you to commit a crime you otherwise wouldn’t have. For example, an undercover cop persistently tried persuading you to agree to pay for sex. Entrapment can invalidate the charges against you

.

Mistaken Identity

If the police wrongly identified you as the person soliciting the prostitute, this simple mistake in identity can defeat the charges.

You Didn’t Intend to Solicit Prostitution

For example, you were asking for directions and your conversation was misinterpreted as solicitation. Or you were trying to buy something non-sexual. Without evidence you intended to pay for sex, you cannot be convicted

.

Illegal Police Conduct

If the cops did not properly read you your Miranda rights, obtained evidence illegally, or committed other procedural violations, the charges may get thrown out

.

There Was No Agreement on Sex

If the conversation did not actually involve agreeing to exchange sex for money, there was no solicitation. Just discussing the possibility is not enough for a conviction

.

Finding the Right Solicitation Defense Lawyer

Don’t take chances with your future. An experienced solicitation defense lawyer can thoroughly examine the evidence against you, build an aggressive legal strategy, negotiate with prosecutors, and defend you in court if necessary.Look for an attorney with extensive experience defending solicitation of prostitution and other sex crime cases in your area. Understand the reputation of the lawyer you choose – do judges and prosecutors respect them? This can impact your case.Meet with prospective lawyers for free consultations before deciding who to hire. Discuss their track record getting solicitation charges reduced or dismissed. Make sure you feel comfortable with their approach.A skilled lawyer knows how to present you as a redeemable person who made a mistake, not a menace to society. They humanize you to judges and prosecutors, highlighting positive aspects of your life like family, career, and community involvement. This can make a big difference in the outcome.With so much at stake – your freedom, finances, and reputation – it’s critical to have an assertive lawyer make the best case for you. Don’t leave the fate of your future in the hands of an overworked public defender. The investment in private defense counsel is worth it.

Conclusion

Getting charged with soliciting a prostitute in Florida can derail your life with harsh criminal penalties. But an experienced defense lawyer can help you avoid conviction or at least minimize the consequences.Know your rights and explore all defense options before deciding how to proceed. Every case is different. With an aggressive legal strategy and compelling advocacy on your behalf, you may be able to defeat the charges and move forward with your life unhindered.

References

 https://www.goldmanwetzel.com/florida-solicitation-and-prostitution/

 https://www.flahertydefensefirm.com/blog/florida-criminal-defense-for-prostitution-or-solicitation.cfm

 https://www.westpalmbeachdefense.com/blog/2023/april/solicitation-of-prostitution-laws-in-florida/

 https://www.criminalattorneystpetersburg.com/criminal-defense/sex-crimes/solicitation-for-prostitution/

 https://www.hornsby.com/crimes/prostitution/solicitation-of-prostitution.html

 https://www.sexcrimedefenseattorneys.com/solicitation-of-prostitution-in-florida/