Recent Posts in solicitation Category
| October 11, 2011 |
| Is today really the "National Day of Johns"? |
| Posted By Shawn Cline |
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Many of you probably saw the article in the Daily Press today commemorating the "National Day of Johns" in Newport News. "Commemorating" might not be the right word, unless your idea of a commemoration is to arrest 27 individuals suspected of soliciting prostitutes and post their pictures online before they are tried or convicted of anything. But that is how Newport News chose to celebrate this day. It's interesting that a google search for "National Day of Johns" quickly reveals a rather local flavor to this "national" event. In fact, there is not one reference to the festivities outside of Newport News anywhere on the world wide web. That being said, it's an important day for these 27 men who have had their names and faces posted all over the internet without trial or the presentation of a single prosecution witness.
I have spoken in several previous posts about prostitution charges in Hampton Roads, and will spend some time today discussing solicitation of a prostitute, as Newport News has chosen to make the topic particularly relevant today. Virginia Code §18.2-346 makes it a crime to "offer money or its equivalent to another for the purpose of engaging in sexual acts as enumerated above [
in subparagraph (a) of the statute] and thereafter do any substantial act in furtherance thereof". The "sexual acts" in question are adultery, fornication, cunnilingus, fellatio, anilingus, anal intercourse, as well as animate and inanimate object sexual penetration.
Solicitation charges are Class 1 misdemeanors, carrying the possibility of up to a year in jail and a fine of up to $2,500. The effect on one's family and employment go far beyond that. That being said, these charges can and should be aggressively attacked. There is a great deal of sexual conduct that is not covered by the statute. Similarly, it is often difficult to prove the precise nature of an agreement. The mere existence of an agreement is not enough; the statute also requires that the individual commit a "substantial act in furtherance thereof" after the agreement is reached (not before).
The bottom line is that law enforcement aggressively prosecutes prostitution charges in Newport News, and throughout Hampton Roads. If you have been charged with soliciting a prostitute, do not delay, contact us today. We are here to fight for you!
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| September 21, 2011 |
| What can be done on a prostitution or solicitation charge? |
| Posted By Shawn Cline |
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Prostitution and soliciting a prostitute are some of the most common charges in this area. Local law enforcement agencies conduct stings using websites like backpage.com to catch individuals involved in these types of transactions. Perhaps it is because of the strong military presence in this area, bringing tens of thousands of young people far away from their homes, but the sex industry generates tremendous revenue in Hampton Roads; and considerable attention from law enforcement. The stakes are high, as solicitation and prostitution are both Class 1 misdemeanors, carrying up to a year in jail and a $2,500 fine. And unlike many other misdemeanor offenses, prosecutors in Virginia are usually looking for jail time when the charge is prostitution or solicitation. This is particularly true where the individual has previously been convicted of the same offense.
Virginia Code §18.2-346 criminalizes the commission of adultery, fornication, cunnilingus, fellatio, anilingus, object sexual penetration, or anal intercourse for money or some other thing of value. In addition, the Code criminalizes the offer to commit any of these acts in exchange for money or something of value where the individual "thereafter does any substantial act in furtherance thereof". This language is critical, because in certain cases an agreement will be reached regarding the exchange of sexual services for money, but the individual will be arrested prior to doing any substantial act in furtherance of the agreement. In addition, from time to time police officers will arrest an individual for engaging in action that simply is not criminalized by the statute. Even where an individual has engaged in criminalized conduct, there are issues to be explored, such as the lawfulness of the arrest, as well as the possibility of entrapment. These defenses are highly technical, and should only be presented by an experienced criminal defense attorney.
These types of charges carry not only the possibility of jail time and fines, but also the tremendous stigma that comes from such a conviction. Many employers will terminate and not thereafter hire individuals convicted of this offense. This is particularly true for those in the military. The ramifications for those who are married or in relationships are obvious and usually swift. The bottom line is that these charges must be defended, and aggressively. Contact us today, we are ready to help you! |
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| March 28, 2011 |
| Internet Solication of a Minor |
| Posted By Shawn Cline |
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Given the popularity of shows like "To Catch a Predator", many state and federal law enforcement agencies have stepped up efforts to catch individuals who may be using computer chat rooms and other internet media to solicit minors to engage in various sexual acts for liaisons. Police officers will enter these chat rooms and websites posing as children for the purpose of catching individuals who are seeking to contact children. These police officers are not required to identify themselves, even if asked to do so, and frequently will set up meetings wherein the adult on the other end thinks he is going to meet with the child, but instead walks into a police sting.
In Virginia, soliciting a minor over the internet is a felony, with maximum punishments ranging from 5 to 40 years in the penitentiary, depending upon how the Commonwealth's Attorney decides to charge the case. In addition, any such conviction will result in registration as a sex offender.
If you or someone you know has been charged with this offense, you must contact an aggressive criminal lawyer right away. Time lost is opportunity lost, and you need an attorney who is ready to assist you in fighting this serious charge. Contact us right away, we are here to help! |
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