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Austin Solicitation Charges Defense Lawyer: The Charles Johnson Law Firm

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Criminal solicitation is an inchoate crime, consisting of offering something of value to induce another person to commit a crime with the intent that the person asked actually commits the crime.

Examples of solicitation include:

  • Prostitution (solicitation of sex in exchange for money);
  • Murder (offering an individual money in exchange for killing someone); and
  • Drug crimes (offering an individual money in exchange for drugs or illegal contraband).

The crime of solicitation is complete upon asking, meaning that the whether or not the person solicited actually does what is asked of them, the person doing the soliciting has already committed the crime, just by asking. The person asked does not have to be willing to commit the crime as long as the person asking asks with the specific intent that the other person carry out the crime. For example, a person can be charged with solicitation when the person they are asking is an undercover agent, who has no intention of carrying out the crime.

Criminal solicitation is requesting, encouraging or demanding someone to engage in criminal conduct, with the intent to facilitate or contribute to the commission of that crime. Most commonly, “solicitation” refers to solicitation of prostitution – the crime of soliciting someone to engage in prostitution.

Defenses to Solicitation Charges

As in all criminal cases, a solicitation defendant can challenge that they did not commit the act, or that they did not have a criminal intent if they did commit the act. For example, someone charged with solicitation of prostitution might argue that he or she was not the person who did it, or that there was no offer or intent to compensate the other person for performing sex acts.

In some cases, a person is not liable for solicitation if he or she recants their intention to commit the subsequent crime, and notifies the other person that their request is off the table. Depending on what type of criminal behavior the person was soliciting, recanting might also require notifying the police in order to prevent subsequent criminal conduct from unfolding.

Often, evidence in addition to any testimony from the person propositioned is required in order to convict someone of solicitation.

Punishment for Solicitation

Solicitation usually applies to serious offenses. Separate statutes exist under most state criminal codes to account for criminal solicitation. Under federal law, the solicitation of a felony crime is punishable by no more than half of the punishment available for the actual crime. Also, the law does not allow for a person to be charged for solicitation in conjunction with the underlying crime. Thus, a person can either be charged for the underlying crime or for soliciting the crime. Not both.

If an individual who is guilty of solicitation voluntarily abandons the criminal conduct, he may be able to use such a renunciation as a defense during trial. Sometimes notifying of the police is required. If the crime is complete, it is likely too late for renunciation. Other defenses may also be available depending on the specific circumstances surrounding the incident. If an undercover police officer is involved in the case, there is a chance that entrapment may be involved.

State laws regarding solicitation will vary from federal laws. Solicitation laws can be complex and difficult to understand without the help of an experienced criminal defense attorney.

Austin Solicitation Defense Lawyer: The Charles Johnson Law Firm

Don’t wait to seek legal help. You may face severe punishments ranging from jail time to loss of certain rights, heavy fines, mandatory rehabilitation, and more. Let us help you. Contact Attorney Charles Johnson for a FREE consultation with a skilled and experienced criminal defense attorney who can evaluate your case and help you determine a course of action to obtain the best possible outcome.

We can be reached 24 hours a day, 7 days a week.
Call us at 512-832-1200 or toll free at 877-308-0100.
Major Credit Cards Accepted.

Austin Solicitation Charges Defense Lawyer: The Charles Johnson Law Firm

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Related News Stories – Solicitation Arrests in Austin

➥ Most Dedicated Austin Criminal Lawyer » You’ve Been Arrested. Now What?

Austin Lawyer Charles Johnson

Hire the Leading Austin Attorney!

Being charged with a crime in Austin is a extremely scary moment in your life. The federal government has the power to take away your liberty for the rest of your life. A quite complex process starts to operate the minute that you are arrested by the police. It truly is frightening and bewildering.

In this article we will give you a good idea of the criminal process and what you might expect should you are ever charged with a crime. Nevertheless, these are generalities only. The real answer is determined by the form of criminal offense you were charged with, the circumstances surrounding it, the county you are in, etc. Only those who understand the criminal law process, and realize how to make it work, will be able to genuinely tell you what to anticipate in your particular case. This is certainly an area of the law you do not ever want to handle all by yourself.

Experienced Austin Lawyer: The Charles Johnson Law Firm

The Charles Johnson Law Firm will always provide a free of charge consultation to anyone charged with a criminal offense. You should take advantage of that free consultation asap. Having a criminal defense attorney is extremely important to successfully getting through the criminal process. Receive a complimentary initial consultation by calling Austin Criminal Defense Lawyer Charles Johnson now, 24 / 7, 365 days a year.

The following are the steps you might expect to happen, and what each step in the process means to you:

Stop and Arrest

The whole process starts with a stop or a charge by the authorities. A stop isn’t as formal as an arrest. A police officer will stop you to make inquiries. They cannot stop you unless they have a reasonable belief that you violated what the law states. What is a valid “reasonable suspicion”? There are a million court cases answering that question and Austin Criminal Defense Attorney Charles Johnson will be capable of giving you many examples during your no charge consultation.

Nevertheless, understand that you always have the right to remain silent, even if you are merely stopped and questioned. You do not have to answer questions from law enforcement at any time. The truth is, everyone ought to know their constitutional rights relating to criminal law.

If you are in a vehicle, the law enforcement officer may very well ask to search it. The authorities cannot search your automobile unless they have “probable cause”, or you consent. Some might seek your consent mainly because they do not quite have “probable cause.” You do not have to provide your consent to a search of your automobile. Some may search your automobile later, nevertheless your attorney will be able to then challenge the probable cause law enforcement asserted as being a reason to search the automobile. Should you give your consent, the authorities do not need any other reason to search your vehicle, and your attorney will have considerably less to challenge in the courtroom.

“Probable cause” is more serious than “reasonable suspicion”, however there are a million court cases explaining it too and a Austin Lawyer will explain those during your consultation. You cannot challenge a law enforcement officer’s assertion of probable cause until later, in the courtroom. Once again, let your lawyer handle that question later.

Typically, a police officer is able to charge you should they have probable cause to believe you committed a crime, or if there is a warrant out for your arrest. If a stop and search lead to an arrest, you must in no way resist it. If it isn’t really valid, you may wish to do so, however you cannot legally challenge it until later. Resisting arrest is a crime itself. The optimal advice if you are arrested is to be calm, be silent, and demand a lawyer before they ask you any type of questions.

Booking

After being arrested, the police officer will “book” you. This is the process where they take your fingerprints, get your mug shot, do a background check, and ask you questions. Remember, you have the right to remain silent and the right to demand an attorney. You do not need to respond to questions. They aren’t going to let you out of jail even should you respond to all their questions. Just always be calm, always be silent, and let Attorney Johnson deal with things later. That’s the best you can do.

Charging

The charge originates from the prosecutor, not police officers. The victim does not get to charge you, and contrary to popular belief, they don’t get to drop the criminal charges either. The prosecutor will often take into account the wishes of the victim, nevertheless they do not have to. You are within the hands of the state subsequent to being arrested. They cannot hold you indefinitely, however. You must be arrested for a criminal offense within a certain limited amount of time or they have got to release you.

Arraignment

This is where the Judge or Magistrate will formally read your criminal charges and let you know your rights. You should have asserted your priviledge to an attorney before now. If not, do so now. If you are asked how to plea, and you do not have a Austin criminal defense lawyer, you must say “not guilty.”

The Magistrate will determine whether or not you ought to be released, and if so, how much your bail will be. Bail is the amount of cash you, or another person else, must post with the court so they can be sure you will reappear. In the event you do not, your bond is going to be forfeited, and the county retains it.

If bail is set, another person has to post it for you or hire a bail bondsman to do so. If you hire a bail bondsman, and you run off, the bondsman loses the bail money to the court. In the event that happens, they send another person after you – a bounty hunter. Furthermore, there will be a warrant out for your arrest. In some cases you might be released on your own “recognizance”, which just means there is absolutely no bail. Nevertheless you are now in the system and will have to appear for additional proceedings.

Discovery

Discovery is a pre-trial process where the prosecutor needs to give certain information and facts to your criminal defense lawyer. Attorney Charles Johnson will be permitted to see all of the evidence against you before trial. There aren’t any secret, last minute witnesses permitted.

Pre-Trial Motions

This is the top reason to remain silent, not give your consent to a search, and demand an attorney in the event you are arrested. Your lawyer might prepare any number of pre-trial motions. They frequently ask the Court to exclude certain evidence from trial if it was gained in an illegal or impermissible fashion. It is difficult to suppress evidence if you spoke voluntarily or gave consent to a search.

Plea Bargaining

This is known as a fancy word for negotiations. If the two sides reach an agreement, you will usually be required to plead guilty to one or more of the charges to obtain the deal which has been reached. This involves going to court, answering several questions from the Judge, and indicating to the court on the record that you are guilty to the charge agreed upon by your criminal defense attorney and the prosecutor.

Trial

If the prosecutor and your lawyer are unable to reach an agreement on a plea bargain, you will normally go to trial. Trial is where the government needs to put on evidence that you committed a transgression, in most cases including producing witnesses live in court to testify. You do not have to testify. You do not need to put on any type of evidence whatsoever. The government has to demonstrate its case, and it needs to demonstrate it beyond a reasonable doubt.

Sentencing

If you are found guilty, or if you enter a plea of guilty based on a plea bargain, you will undoubtedly be sentenced by the Court. The Judge will make a decision on the suitable punishment. This might end up being anything from probation to active prison time. There are guidelines that apply and allow the Judge a general range of punishment choices.

Austin Criminal Defense Attorney Charles Johnson can do a lot for you personally at sentencing, including making sure that all the procedures are followed, arguing for lesser guidelines, and arguing circumstances which would allow the Judge to sentence you to lower than that called for in the guidelines. Also, Attorney Johnson will help you before sentencing by informing you what measures you might take to make the Judge more likely to be lenient on you. For instance, if you are charged with drunk driving, and take a class or go to rehab, the Judge may take that into consideration when sentencing you.

Aggressive Austin Attorney: The Charles Johnson Law Firm

I have tried to provide you with a good overview of the criminal process, with a few tips on how best to deal with important things at each stage. But I should repeat my first and most important advice here: call Austin Lawyer Charles Johnson whenever a criminal charge is made against you. It is no joke, and you could lose your protection under the law, your money, and your independence.

Remember, we offer a no cost consultation for any individual charged with a criminal offense. You should take advantage of that no charge time to better understand the exact nature of your situation, and what is likely to take place at trial or sentencing.

We can be reached 24 hours a day, 7 days a week.
Call us at 512-832-1200 or toll free at 877-308-0100.
Major Credit Cards Accepted.

 
 
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