Most people who have been arrested for soliciting a prostitute in San Antonio, Texas have never been arrested before. It is normal to worry about what will happen next. These are some of the questions that we get asked; Can their case be dismissed? Will they go to jail? Will they have a permanent criminal record? Getting arrested for solicitation is embarrassing. This blog helps explain the potential consequences of solicitation and how a criminal defense attorney can help deal with your arrest.
What is Soliciting a Prostitute?
When someone offers money to engage in sexual conduct, they have committed the offense of soliciting a prostitute. The solicitation can occur online or in person. Additionally, no sexual activity needs to take place. The crime is complete once the exchange is agreed upon. Sexual conduct includes sex, oral sex, and any touching of the genitals (breast, anus, penis, vagina). The Texas Penal Code for Soliciting a Prostitute can be found here. Still, just because you’ve been arrested doesn’t mean your case can’t be dismissed, or that the State properly made an arrest.
How do people get Arrested for Solicitation in San Antonio, Texas?
There are two primary ways people get arrested for soliciting a prostitute. First, when someone responds to an online ad and agrees over text message to pay for sex they are told to go to a specific room in a hotel. When they arrive, they are arrested for soliciting a prostitute. Second, someone attempts to pick up a prostitute on the street and gets arrested after agreeing to exchange money for sex. These are usually sting operations, and the exchange between the accused and the undercover police officer is usually recorded. Sometimes, an arrest is not made at the scene because officers do not want to expose their undercover operation. If that happens a warrant will be issued for the person’s arrest and they will need a satellite bond.
What are the Consequences of Getting Arrested for Soliciting a Prostitute?
If you get arrested for solicitation, there are three potential consequences; you can get deferred adjudication, community supervision (probation) or you can go to the State Jail facility. Recently, the Texas legislature made solicitation a State Jail Felony. State Jail Felonies are different than other felonies because they are usually served day-for-day. None of these results are ideal as each leaves the accused with a permanent criminal record. However, in the hands of an aggressive criminal defense attorney it might be possible to get your case dismissed.
How are Solicitation Cases Dismissed?
There are two ways an aggressive criminal defense attorney can get your solicitation case dismissed. First, we look for holes in the evidence. Many times undercover police officers do not preserve their evidence. This allows us to argue that an agreement for sexual conduct was never made. Second, we use our clients good character and lack of criminal history to attempt to convince the District Attorney’s Office to reject the case before it gets taken to the Grand Jury or to allow them to apply for pre-trial diversion. At The Locke Law Group, we have an track record of preserving our clients’ clean criminal histories and getting their cases dismissed. If you’ve been arrested for soliciting a prostitute, give us a call so that we can give you a free case evaluation and put together a plan for helping you restore your good name.