Birmingham sex crimes attorneys understand that a charge for solicitation of a prostitute can present a variety of obstacle in addition to legal proceedings. Some individuals experience difficulties with family, friends, careers, as well as a significant social stigma as a result of these charges.
The Elements Of A Solicitation Charge
Under the law of the state of Alabama, it is illegal for anyone to solicit prostitution. A person is considered to solicit a prostitute if the individual knowingly exchanges money or another item of value with another in a public place in exchange for sexual conduct. An individual can be charged with the solicitation of a prostitute even without engaging in the sexual act because Alabama law prohibits the agreement to exchange a sexual act for compensation.
Defending Against A Solicitation Charge in Birmingham, AL
There are several available defenses that are used by individuals in the state of Alabama to defend against solicitation of a prostitute charges. These defenses include:
- The State Has Failed To Present Sufficient Evidence. The state of Alabama must demonstrate that an individual knowingly solicited another to perform sex acts by presenting evidence that money or something of value was offered in exchange for these acts. The state must also demonstrate that the solicitation occurred in public. Many individuals are able to successfully defend against solicitation charges by arguing that the state has failed to present a sufficient amount of evidence.
- Entrapment. If an individual was accused of solicitation as part of a sting operation or law enforcement was disguised as a prostitute, an individual might be able to argue entrapment, which is a valid defense. Entrapment is a complicated matter which will depend upon analyzing the individual facts of a situation.
- Lack Of Knowledge. Another defense is arguing that an individual was unaware that the other person was a prostitute, which means that the individual was not aware that solicitation was being performed.
- The Individual Was Not Serious. Individuals are often able to defend against a solicitation charge by arguing that the individual did not have the intent to commit the act and was merely joking.
- A Nonsexual Trade. Because solicitation involves the exchange of sex, individuals can sometimes claim that the services exchanged were not sexual in nature.
- A Violation Of Constitutional Rights. By arguing that an individual's constitutional rights were violated during the arrest or interrogation process, individuals are often able to successfully defend against a solicitation charge.
Reasons To Contact A Top Birmingham Sex Crimes Attorney
Solicitation charges can result in up to one year in prison, a fine of up to six thousand dollars, and a criminal record that can greatly impact one's social standing. Given the serious nature of these charges, if you are faced with a charge for solicitation of a prostitute in Alabama, it is a wise idea to retain an experienced Birmingham sex crimes attorney like attorney Steve D. Eversole who knows how to create a strong defense to help reach the best potential results.