Forest Acres Solicitation Lawyer

Solicitation charges are closely related to prostitution charges, and in fact, there is no separate criminal charge for solicitation in Forest Acres. Rather, you can be charged with solicitation for knowingly aiding and abetting prostitution, or for soliciting an individual for the purpose of prostitution under South Carolina Code 16-15-90 (2), (3). A Forest Acres solicitation lawyer understands the impact these charges can have on you and is dedicated to aggressively defending your rights and ultimately your freedom. Contact a skilled defense attorney to begin discussing potential legal solutions that could be effective for your case.

Understanding Solicitation Charges

It is important to thoroughly understand solicitation charges because there is no separate criminal charge for solicitation under the criminal code. Rather solicitation is included in the offense of prostitution under South Carolina Code §§ 16-15-90 thru 16-15-110. At common law, a person commits solicitation when a person advises, encourages, induces, or requests another person to engage in a crime, which in this case would be prostitution.

Therefore, it is important to carefully analyze the statute to understand the actions, which may constitute solicitation. As noted above, sections two and three are the most poignant sections of the statute. However, an individual may be charged with solicitation for exposing another person to prostitution under section four of this statute. Therefore, it is important in any solicitation case to carefully analyze the facts and circumstances that lead to an accusation, arrest, or charge.

Consequences of a Solicitation Charge

Because solicitation charges are included in the statutory code for prostitution, solicitation is considered a Class A Misdemeanor. Being charged and convicted of a Class A misdemeanor can result in the following penalties:

  • 1st Offense – fine not exceeding $200 or imprisonment for not more than 30 days.
  • 2nd Offense – fine not exceeding $1,000 or imprisonment for not more than 6 months, or both.
  • 3rd or Subsequent Offense – fine not exceeding $3,000 or imprisonment for not less than 1 year, or both.

While these penalties may be severe, there are other collateral consequences of a solicitation charge. First and often foremost, a person who has been convicted of a solicitation offense will have a criminal record which is publicly available and can impact an individual who is applying for school, jobs, or even housing.

A solicitation charge can also impact professional licenses and current employment such as doctors, lawyers, and teachers. In addition, depending on the facts and circumstances of the case, an individual may have to register as a sex offender, which may impact their standing in the community. Someone facing such an accusation may significantly benefit from reaching out to an accomplished Forest Acres solicitation lawyer.

The Challenge of Solicitation Charges for Prosecutors

In any criminal case, it is incumbent upon the state to prove each and every element of a criminal offense beyond a reasonable doubt. In addition, there are legal defenses that have been carved into the law, which may absolve a person of solicitation charges including:

  • Mere presence in an area known for prostitution – In many cases, individuals are charged with solicitation or prostitution merely because they were in the wrong place at the wrong time. Mere presence in an area where there is prostitution is not grounds for charging an individual with solicitation.
  • Entrapment – In some areas police set up undercover cops and agents to pose as prostitutes and to solicit individuals to engage in prostitution. In any solicitation, case is it important to question whether the police unlawfully and illegally set up an individual for a solicitation charge.
  • Miranda Rights – The famous case of Miranda v. Arizona established the now infamous Miranda rights. In an instance where the police arrest an individual for solicitation, it is crucial to ask whether the police properly advised that individual of their rights at that time.

How a Forest Acres Solicitation Attorney Can Help

If you or a loved one is facing a solicitation charge, a Forest Acres solicitation lawyer is ready to help protect your rights and freedom. A lawyer could conduct a thorough review and investigation of your case, to identify weaknesses in the state’s allegation. Contact a knowledgeable solicitation attorney who understands the legal procedures in Forest Acres today to discuss your case.