Washington DC Solicitation Attorney

Proponents of legalized prostitution say that the act of trading sex for money is simply an act of commerce—free enterprise driven by supply and demand. However, in 49 of the 50 states and in Washington DC prostitution is made illegal in an effort to uphold community morals and public decency. In fact, not only is the act of prostitution illegal, but the mere solicitation of prostitution is illegal. If you’re facing serious charges, contact a DC defense lawyer who has experience handling these sorts of cases.

Prostitution is defined as an offer or invitation for a sexual act, or sexual contact, in return for a fee. To enforce this law … undercover police officers will (often) pose as prostitutes and approach people they suspect of soliciting prostitution.

They will make an offer for a sex act, request money, and wait for an agreement from the suspect. There doesn’t need to be any money changing hands, nor does their need to be any sexual contact between the two people. Also, the undercover police officer does not need to admit that they are an undercover police officer even if asked by the suspect.

The penalty for a first offense conviction for solicitation is, at maximum, 90 days of incarceration. The penalty for a second offense of solicitation is a maximum of 180 days incarceration. But there are no mandatory minimum incarceration periods.

Solicitation of prostitution in DC is a misdemeanor offense whose legal penalties get progressively more stringent upon second and subsequent convictions. For many people, the threat of jail or fines is much less devastating than the personal and professional havoc created by a criminal conviction for solicitation of prostitution in Washington DC. In order to maximize the potential of having your case dismissed and to minimize the impact a solicitation charge can have on your personal life, it is imperative to contact a DC solicitation lawyer to handle your case with discretion and professionalism.

DC Solicitation of Prostitution

DC prostitution laws classify solicitation as the attempt to persuade, entice, convince, or invite another to engage in sexual activity in exchange for payment. Just as prostitution charges can be levied against either the person providing payment or the person receiving payment in exchange for sexual favors, DC solicitation charges can be brought against either party.

Often, a solicitation arrest is the result of an undercover police operation, in which a decoy acts as prostitute, in essence soliciting customers for sex. When someone agrees to pay for sexual services, the police arrest the unsuspecting “customer.” Such sting operations must be carefully conducted to avoid entrapment. If you have been charged with solicitation of prostitution as a result of a police prostitution sting, contact an experienced DC solicitation lawyer at once, who can closely evaluate your arrest. An illegal arrest or an improperly conducted operation could lead to the dismissal of your case.

Appealing Prostitution Solicitation Convictions in Washington D.C.

If you have been convicted of solicitation for prostitution in Washington D.C., understanding the appellate process is crucial to protect your rights and explore all available legal options. Solicitation of prostitution, which involves the act of requesting or encouraging someone to engage in sexual activity for compensation, is a serious offense. However, an appeal may be a viable course of action when you believe there was a legal error in your conviction.

Understanding the Appellate Process

The appellate process reviews decisions made by lower courts to ensure the law was applied correctly and that your trial was conducted fairly. Here is an overview of the steps involved in appealing conviction for soliciting prostitution:

1. Notice of Appeal: The first step is filing a notice of appeal. This document must be filed with the court that issued your original conviction, typically within 30 days of the judgment. Missing this deadline can result in losing the right to appeal.
2. Record on Appeal: The appellate court reviews the “record on appeal,” which includes all documents, evidence, and transcripts from your trial.
3. Briefs: Both the appellant (the person appealing the conviction) and the appellee (the prosecution) submit briefs that outline the legal reasons why the conviction should be overturned or upheld. The appellant’s brief will identify errors that occurred during the trial, such as incorrect jury instructions or improper admission of evidence.
4. Oral Arguments: In some cases, the appellate court may schedule oral arguments and allow both parties to present their positions before a panel of judges. This is an opportunity to clarify points made in the briefs and answer any questions the judges may have.
5. Decision: After reviewing the record and considering the briefs and oral arguments, the appellate court will issue a decision. The court may affirm or reverse the conviction or remand the case for a new trial.

Grounds for Appeal

Common grounds for appealing a prostitution solicitation conviction include:

• Legal Errors: If the trial judge made errors in applying the law, such as giving improper jury instructions or allowing inadmissible evidence, these mistakes can form the basis of an appeal.
• Insufficient Evidence: An appeal can argue that the evidence presented at trial was insufficient to support a conviction.
• Constitutional Violations: Violations of constitutional rights, such as the right to a fair trial or the right to effective assistance of counsel, can also be grounds for appeal.

Importance of Legal Representation

Navigating the appellate process can be complex and challenging. It’s crucial to have experienced legal representation to effectively present your case. A skilled Washington D.C. solicitation attorney can help identify viable grounds for appeal, ensure all procedural requirements are met, and advocate on your behalf throughout the appellate process.

Solicitation Defense in DC

In addition to entrapment, an illegal arrest, or illegally obtained evidence, there are several other defense strategies a skilled DC solicitation attorney may use in representing your case.

A DC solicitation lawyer may be able to negotiate a diversion agreement on your behalf that could see a dismissal of your charges upon completion of a certain number of community service hours. Such an agreement could make you eligible for an expungement of your arrest record at a future date.

The best defense strategy depends on the unique circumstances of your case. Call DC solicitation attorney Peter Odom for a discreet, no-cost evaluation of your case.