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Michigan Solicitation of Prostitution
Being charged with solicitation of prostitution can have a significant negative effect on your future and your life. The gambit of emotions that you must be feeling when facing such a charge may include embarrassment, fear, anger, and uncertainty. If you are facing this challenge, the best decision you can make is to hire an experienced criminal defense attorney for solicitation.
A good attorney will walk you through the process and get the best result possible, protecting you from potential ongoing ramifications of the solicitation charge. Without an attorney protecting your rights, this poor judgment could haunt you for a long time.
The lawyers at George Law are top rated defense lawyers in Metro-Detroit with over a decade of trial experience. We’ve successfully represented clients through various types of sex crimes and are well equipped to offer the best defense possible for your case.
Criminal Offense of Solicitation
The crime of solicitation is fairly simple– it is the act of exchanging money or payment of some form for a sexual act. This crime is described in The Michigan Penal Code Section 750.448. According to the Michigan Penal Code Act 328 of 1931,
“A person 16 years of age or older who accosts, solicits, or invites another person in a public place or in or from a building or vehicle, by word, gesture, or any other means, to commit prostitution or to do any other lewd or immoral act, is guilty of a crime punishable as provided in section 451.” (Michigan Legislature, June 1, 2002, The Michigan Penal Code Act 238 of 1931)
The first offense for a solicitation charge is considered a misdemeanor, and is punishable by up to 93 days in jail and up to a $500 fine. A second solicitation conviction is a misdemeanor that carries an enhanced penalty of up to one year in jail and $1,000 in fines. A third or consecutive conviction is a felony, punishable by imprisonment with a maximum of two years, a maximum $2,000 fine, or both. A conviction for solicitation in Michigan DOES NOT require registration as a sex offender.
Potential Defenses to a Solicitation Charge
An experienced Michigan criminal defense attorney will be able to examine the facts of your case and determine the correct and adequate defenses that are available. You don’t want to hire a mediocre attorney to represent you. You need an aggressive fighter who will protect your rights and your reputation. Some of the more common defenses that we see in our practice include the following:
- The defendant did not know what was happening and unknowingly appeared to violate the law, but these actions were innocent in nature;
- Proving that a sexual act did not actually take place or that there was not activity that could be considered as the parties engaging in a sexual act;
- Demonstrating that there was no exchange of payment of money or of anything else of value.
- If your Constitutional rights were violated, then any evidence that was procured by that violation could be excluded from trial, requiring a dismissal of the charges.
- Was the arrest supported by the appropriate probable cause?
- Did the arresting officers read you your Miranda rights before arresting you?
- Can the prosecution prove that you intended to commit the crime of solicitation?
Discreet and Confidential Representation
Given the nature of an arrest for solicitation, our firm will give you the best representation in a discreet and, of course, confidential manner. Something like this could have major repercussions against you, your life, and your future. If this kind of information gets out to the general public, you could lose your job and the conviction would go on your permanent record. There are many prohibited employment opportunities with this type of conviction on your record. For example, in Michigan, you could not be employed by a school or learning institution where there are children with a solicitation on your record. Further, these institutions will always find out about your record, given their requirement to perform criminal background checks on every job applicant.
You need an attorney who understands how to resolve these cases in the most discreet way possible and controls what information, if any, gets out to the general public. You are innocent until proven guilty beyond a reasonable doubt. Our attorneys will make sure that you receive the strongest defense.
Q. What is soliciting prostitution?
This is when someone approaches another individual and offers them compensation for a sexual act. This usually includes monetary compensation, but it can also be other things such as offering services in return or bartering of goods, property, etc.
Q. What constitutes solicitation of prostitution?
This is when an individual offers money or other types of compensation for sexual acts. It also includes when prostitutes offer their services in exchange for compensation. Two or more people must be involved in order for this to be considered solicitation.
Q. Do you have to register as a sex offender for soliciting prostitution?
Yes, those convicted of soliciting or pandering in Michigan are required to register as sex offenders under Michigan law. This means they will be treated in the same way as anyone else on the sex offenders list, restricting where they can live, work, and spend time at in the state.
Michigan Criminal Defense Lawyer
If you have been arrested and charged with solicitation of prostitution or another sex offense in Michigan, then you’ll want to immediately get in touch with a qualified criminal defense attorney. Consulting with a criminal defense attorney helps you to better understand what you are accused of and what your legal options are.
The highly-regarded criminal defense team at George Law is focused on representing accused defendants in Michigan criminal matters. We will carefully analyze your circumstances and advise you on the best way to proceed.
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