What to Do if Accused of Violating California’s Solicitation Laws
Being accused of violating California’s solicitation laws can be an overwhelming and frightening experience. The decisions you make immediately following an accusation can significantly impact the outcome of your case. This comprehensive guide will walk you through the essential steps to protect your rights and build a strong defense.
Our skilled sex crimes attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free phone consultation with one of our sex crimes attorneys near you.
Immediate Steps to Take Following an Accusation
1. Exercise Your Right to Remain Silent
The most crucial immediate action is to exercise your right to remain silent. Anything you say to law enforcement can and will be used against you in court. Common mistakes people make include:
- Trying to explain their side of the story to officers
- Making statements they believe will clear up a “misunderstanding”
- Attempting to negotiate with law enforcement
- Admitting to being present at the location while denying criminal intent
Remember that even seemingly innocent statements can be misinterpreted or taken out of context by prosecutors.
2. Do Not Consent to Searches
If law enforcement requests to search your person, vehicle, or property:
- Politely but firmly state that you do not consent to any searches
- Make your refusal clear and unambiguous
- Do not physically resist if officers proceed anyway
- Document any searches that occur despite your refusal
Your refusal to consent to searches may be crucial for your defense attorney to challenge evidence later.
Understanding the Legal Process
Initial Charges and Booking
If arrested for solicitation under PC 647(b), you may experience:
- Booking and fingerprinting
- Temporary detention
- Bail determination
- Initial court appearance scheduling
During this process, continue to exercise your right to remain silent and avoid discussing your case with anyone other than your attorney.
Potential Consequences
California treats solicitation as a misdemeanor offense, carrying penalties including:
- Up to six months in county jail
- Fines up to $1,000
- Probation requirements
- Professional license implications
- Immigration consequences for non-citizens
Building Your Defense Strategy
1. Retain Legal Representation Immediately
Professional legal representation is crucial for:
- Protecting your constitutional rights
- Examining evidence for procedural violations
- Identifying potential defenses
- Negotiating with prosecutors
- Representing you in court proceedings
An experienced criminal defense attorney can assess the strength of the evidence against you and develop an effective defense strategy.
2. Preserve Evidence
Take steps to preserve potential evidence that may support your defense:
- Save any relevant text messages, emails, or communications
- Maintain records of your location during the alleged incident
- Identify potential witnesses
- Document any interactions with law enforcement
- Keep copies of any related paperwork or citations
3. Avoid Common Mistakes
Several common mistakes can compromise your defense:
- Discussing your case on social media
- Contacting potential witnesses
- Attempting to explain yourself to law enforcement
- Accepting plea deals without legal counsel
- Missing court appearances
- Violating bail conditions
Potential Defense Strategies
An experienced attorney may employ various defense strategies, including:
Lack of Intent
Demonstrating that there was no specific intent to engage in prostitution or solicitation. This could involve showing that communications or actions were misinterpreted.
Insufficient Evidence
Challenging the prosecution’s evidence as inadequate to prove guilt beyond a reasonable reasonable doubt, particularly in cases relying heavily on circumstantial evidence.
Police Misconduct
Examining whether law enforcement:
- Violated constitutional rights
- Engaged in entrapment
- Conducted illegal searches
- Failed to follow proper procedures
Mistaken Identity
Proving that you were incorrectly identified as the person who committed the offense, particularly in sting operations or surveillance-based arrests.
Long-term Considerations
Professional Impact
A solicitation charge can affect current employment future job prospects, professional licensing, security clearances, and educational opportunities.
Record Expungement
After completing your sentence, you may be eligible to petition for expungement under PC 1203.4, clear your criminal record, restore certain rights, improve future opportunities.
Taking Action
If you’re facing solicitation charges:
- Remember your constitutional rights
- Contact an experienced criminal defense attorney immediately
- Document everything related to your case
- Follow your attorney’s guidance precisely
- Prepare for a potentially lengthy legal process
Preventive Measures for the Future
Moving forward, protect yourself by:
- Being cautious in online communications
- Avoiding high-risk situations
- Understanding local laws and regulations
- Maintaining detailed records of your activities
- Being aware of common sting operation tactics
Remember that an accusation of solicitation doesn’t have to define your future. With proper legal representation and a strategic approach to your defense, you can work toward the best possible outcome for your case.
Seeking Professional Help
Don’t face solicitation charges alone. An experienced criminal defense attorney can:
- Evaluate your case
- Protect your rights
- Develop a strong defense strategy
- Navigate the legal system
- Work toward minimizing consequences
Contact a qualified criminal defense attorney today to discuss your case and begin building your defense strategy.
Contact Wallin & Klarich Today
If you are facing solicitation charges, you need to contact our aggressive sex crimes attorneys at Wallin & Klarich immediately. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients avoid criminal convictions and kept them free from serving prison or jail sentences. We know the most effective strategies to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.
Wallin & Klarich has offices throughout Southern California including Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, and Anaheim. Also, our law firm can handle many types of criminal cases statewide. Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free phone consultation with a skilled sex crimes attorney near you.
