A conviction for solicitation can involve jail time and fines, and result in a permanent mark on your criminal record. At The Leiva Law Firm, our criminal defense attorney understands how local courts handle these cases. A Fairfax solicitation attorney from our firm can build defense strategies to protect your future.
As with any criminal charge, the outcome of a sexual solicitation charge depends on the facts, the prosecutor, the defense strategy, and the judge. If the court finds you guilty of solicitation under Virginia Code § 18.2-346, punishment can be up to 12 months in jail and a $2,500 fine.
A case can be entirely dismissed. This usually happens when the arresting officers violate the defendant’s constitutional rights, such as conducting an illegal search or failing to follow proper sting procedures. If the court throws out key evidence or finds that entrapment occurred, prosecutors may have no choice but to drop the charges. However, dismissals are not possible in every case and require a strong legal challenge.
Another possibility is a reduced charge. With the help of an experienced solicitation lawyer in Fairfax, some people are able to negotiate a plea deal that lowers the charge to something such as disorderly conduct. This option might involve agreeing to probation, community service, or completing a treatment program. For people without a criminal record, prosecutors might be more flexible, especially if the evidence is weak or the arrest resulted from a questionable sting operation.
Again, each of these possible outcomes depends on the facts of the case, your criminal history, and how well your lawyer builds your defense. At The Leiva Law Firm, we have handled solicitation cases in local courts for over 25 years and have built a solid reputation for handling such cases.
At The Leiva Law Firm, we use several defense strategies. We will tailor our approach to the circumstances of your arrest, the evidence collected, and the conduct of law enforcement.
One defense strategy is entrapment. Solicitation arrests often stem from police sting operations. If officers pushed someone into committing a crime that they would not otherwise have committed, it can constitute grounds for dismissal. Courts closely examine how the sting was conducted and whether law enforcement crossed the line.
Arguing insufficient evidence is another defense strategy. Prosecutors often rely on text messages, recorded conversations, or undercover testimony; however, if the evidence is vague or does not clearly show an agreement for sexual services, we can plant doubt in the minds of the jury or the judge. The law requires proof that money or something of value was offered in exchange for a sexual act.
Constitutional violations are also powerful defenses. If the police conducted an unlawful search, seized a phone without a warrant, or failed to read Miranda rights before interrogation, the corresponding evidence can be suppressed. Without such evidence, the prosecution often does not have a case.
Some people also qualify for legal alternatives, such as a deferred disposition. While not technically a defense, this option allows the court to dismiss the case after certain requirements are met, such as counseling or probation. An attorney at The Leiva Law Firm in Fairfax could argue for this outcome to help keep a conviction resulting from solicitation off your record.
At The Leiva Law Firm, we carefully review every detail of a solicitation arrest. From examining the first interaction with law enforcement to checking how the evidence was collected, Manuel Leiva, our lead Fairfax solicitation lawyer, looks for weaknesses. He is an area native and former public defender who has devoted over 25 years to building ironclad defenses for our clients. Contact us now for a free consultation.
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