You may think that it’s just harmless fun between consenting adults, but soliciting an individual for sexual favors is considered a serious crime in Minnesota. Not only can you face the possibility of significant fines and jail time, but there is also a social stigma attached to a prostitution charge that can have unintended consequences for your personal life. If you are charged with soliciting a prostitute, you need to challenge the charge in court.
But what are some of the best defenses for defending yourself against a solicitation charge? In today’s blog, we take a closer look at some of the best defenses for a soliciting a prostitute charge in Minnesota.
The Best Prostitution Defenses
The following is part of a series that focuses on the best defenses for specific crimes in Minnesota. Remember that this is just general information, and the actual best defense plan will come from a lawyer who can review the specific facts of your case to give you the best chance of beating the charges. So while we will look at some defenses that are oftentimes effective, a lawyer will be able to help you determine your best path forward. For help with this decision, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
Here’s a look at some common defenses that your lawyer may consider if you are facing a charge of soliciting a prostitute:
1. Entrapment – Police officers are allowed to go undercover to conduct a sting operation, but if their actions go too far, an individual can pursue the entrapment defense. With this defense, you are essentially arguing that you were enticed into committing a crime that you would not otherwise have committed. It can be a little difficult to prove that the only reason you committed the crime was because you ran into a police officer before a non-undercover agent, but there are certainly situations where people end up getting caught up in a sting due to aggressive undercover tactics.
2. Not All Elements Present – A number of elements need to be present in order for a prostitution charge to stick. You need to be aware that you are attempting to create a deal to exchange goods or money for sexual services, you need to come to an agreement and you must act on this agreement. For example, if you get in a vehicle with an undercover cop, ask for a specific sexual favor and then break off the conversation because you didn’t agree to a price, you have yet to commit a crime. Until an agreement has been made and you act on this agreement, you have not yet committed all the elements needed for a prostitution charge to stick.
3. Lack of Evidence – It may come down to a he said, she said argument if there are no recordings of the interaction. You may argue that there is a lack of physical evidence that you attempted to solicit a prostitute if the only evidence they have is the testimony of the officer.
4. Mistake – You need to be aware that you are soliciting a prostitute. If you think that the individual is hitting on you or that it’s your lucky night, only to end up in a situation where they are demanding money for sexual favors, you may argue that you were not fully aware of the situation and that you made a genuine mistake.
5. Due Process Violation – Finally, police need to follow due process during the course of the arrest. For example, they need to identify themselves as a police officer after money has been exchanged for services. If they follow through with the act or otherwise abuse their position during the arrest, you may be able to argue a due process violation.
If you need help building a defense against your solicitation charge, or you want assistance with a different criminal matter, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
