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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 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.

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Guerline Menard
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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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