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Legal Defenses Against Solicitation of a Minor Charges in Miami

Fighting Back Against Solicitation of a Minor Charges

Being accused of soliciting a minor is scary. It can make you feel powerless and overwhelmed. But there is hope. You have legal rights. And you can fight back.

I know the charges seem daunting. The legal language feels cold and harsh: “soliciting a child under 16 years old to commit a lewd or lascivious act.” It makes you sound like a monster. But you’re not. You’re a human being who made a mistake.

And we all make mistakes. Even terrible ones. You deserve compassion. And you deserve a zealous legal defense.

Common Defenses Against Solicitation Charges

There are a few common defenses that attorneys use to fight solicitation of a minor charges in Miami:

  • You were entrapped
  • There’s not enough evidence
  • The search or seizure was illegal
  • You were seeking an adult, not a minor
  • You didn’t actually solicit anything illegal

Let’s break these down one-by-one…

Entrapment

Entrapment means the police convinced you to commit a crime you otherwise wouldn’t have. Like if an undercover cop pretended to be a teenager online. And kept pressuring you to meet up. Until you finally agreed just to get them to stop badgering you.

Judges and juries don’t like entrapment. It feels unfair for police to manufacture crime where none existed. So if your attorney can show entrapment, the charges may get thrown out.

Christine Twomey
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
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
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 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
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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
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!
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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.
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2024-03-12
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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.
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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.

Another common defense is attacking the evidence (or lack thereof). The prosecution has the burden of proving guilt “beyond a reasonable doubt.” If the evidence falls short of that high standard, you must be acquitted.

For example, maybe the records of your online chat don’t actually show you soliciting anything illegal. Or perhaps you have evidence proving you believed the other person was an adult. If so, those records could undermine the prosecution’s case.

Illegal Search or Seizure

Perhaps the police searched your home or seized your devices without a proper warrant. Or maybe they coerced you into granting consent without telling you your rights. In those cases, your attorney can argue the evidence was obtained illegally and should be excluded from trial.

Mistaken Identity

You may have a defense if you can show you believed the other person was an adult. For example, maybe you met on an adults-only dating app. Or the profile said they were over 18. As long as you had a reasonable, good faith belief they were an adult, you aren’t guilty of soliciting a minor.

You Didn’t Solicit Anything Illegal

Finally, you have a defense if you didn’t actually ask them to commit a lewd or lascivious act. Maybe the conversation was crude but not outright illegal. In that case, the charges would be bogus.

Other Defenses Against Solicitation Charges

The defenses above are just the main ones. But there are endless ways for an experienced attorney to undermine the prosecution’s case. Some examples:

  • The statute of limitations expired
  • You were involuntarily intoxicated
  • You have a mental defect or disorder
  • The law is unconstitutionally vague

An aggressive lawyer will scour the facts for any theory that creates reasonable doubt of your guilt. Maybe they find a technicality that gets the case thrown out completely. Or they negotiate a generous plea bargain with reduced charges.

Let’s talk about the plea bargain option next…

The Power of Plea Bargains

Over 90% of criminal cases end in plea deals. And for good reason. Plea bargains give both sides something they want:

  • Prosecutors win a guaranteed conviction. Another notch in their belt.
  • Defendants get dismissed charges, lower sentences, even no jail time.

Everyone wins. And the overloaded justice system doesn’t grind to a halt with lengthy trials.

But the power balance heavily favors the prosecution in plea negotiations. That’s why skilled defense attorneys are so critical.

An experienced lawyer knows all the pressure points. They negotiate firmly, but fairly. And they help prosecutors save face so everyone feels like a winner.

In solicitation cases, common plea bargains include:

  • Reducing the charges. For example, down to a misdemeanor instead of felony.
  • Agreeing to probation and treatment instead of jail time.
  • Avoiding sex offender registration.

The right plea deal can transform a devastating outcome into merely a bump in the road. But you need an assertive, respected attorney to negotiate that deal. Otherwise, prosecutors will steamroll you into a raw deal.

Why an Aggressive Defense Matters

Solicitation charges must be fought aggressively. The penalties are so severe. And the stigma is lifelong.

Simply being accused brands you a pariah. People assume you’re guilty. They drive past your house gawking. Whisper about you at the supermarket. Judge you without knowing anything about you.

It’s deeply unfair. But it’s reality when facing charges this inflammatory. Even if you ultimately win at trial, the damage can’t be undone.

That’s why skilled lawyers leave no stones unturned. They know an aggressive pre-trial defense is the best way to avoid a trial altogether. The earlier you undermine the case, the faster prosecutors will bargain.

Sure, you’re anxious to end this ordeal. But patience brings the best results. Fight for the outcome you deserve. It will pay dividends for years to come.

Finding the Right Lawyer for Your Case

So where do you find this unicorn of an attorney? How do you identify the perfect lawyer for your unique case?

It starts with experience. Choose someone who specializes in sex crimes and solicitation cases. Nobody knows the prosecutors better than a veteran local defense lawyer.

Personality matters too. You want an attorney who makes you feel supported, not judged. Someone you trust has your best interests at heart. With solicitation charges, the human dynamic with your lawyer is crucial.

Finally, understand that skilled defense attorneys have seen it all. Nothing shocks them anymore. They know good people sometimes make terrible choices. Their job is fighting to protect your rights, not lecturing you on morality.

The stakes are sky-high with charges like these. Don’t settle for mediocre legal help. Interview lawyers in your area and choose one with the skill, experience, and temperament to aggressively defend you.

You and your family deserve the best possible outcome. Don’t leave anything on the table in pursuing it.

There is Hope

Solicitation charges turn your life upside down. The future looks bleak; the present, miserable. It’s a terrifying spot to be in.

But you still have rights. And you still have options. An experienced attorney can help you navigate this crisis and come out the other side.

Will it be easy? No. But with hard work and dedication, we can drastically improve your outcome. That I promise you.

Don’t lose hope. Millions have traveled this difficult road before you. You will survive this and go on to thrive again. There is light at the end of the tunnel.

Reach out anytime to discuss your case. I’m here to help.

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