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.”

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.