Austin Criminal Defense Blog
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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.
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Related News Stories – Solicitation Arrests in Austin
Greene County arrests two men accused of soliciting minors online
GREENE COUNTY, Va. (NEWSPLEX) -- Greene County deputies have arrested two men accused of trying to solicit minors online. Austin Lee Shifflett, from Greene County, is charged with three felony counts of solicitation of a minor over a computer. Jonathan ...
newsplex.com - Sep 23 2016
Austin middle school principal charged with solicitation of minor
Burnet Middle School Principal David Dean was arrested Monday morning on a charge of online solicitation of a minor, a second-degree felony, according to Austin district officials. The Austin school district has placed him on administrative leave without pay.
Statesman - May 16 2016
Online sex solicitation investigation nets 4th arrest
Austin Tyler Martin, 29 ... So far, Fauquier sheriff’s detectives arrested four men on felony charges involving online solicitation of sex from minors. Three arrests took place last month. The investigation has used “various social media,” according ...
Fauquier Now - Sep 19 2016
Texas Attorney General's Office
AG Paxton’s Criminal Investigations Division Helps Put Child Predator Away for Life AUSTIN – Texas Attorney ... Payne’s trial that Payne had a pattern of soliciting sex from minors online. In 2005, CID arrested Payne on charges of Online Solicitation ...
guidrynews.com - Sep 24 2016
Two Charged With Soliciting Minor
The arrests followed a Greene County Internet Crimes Againist Children investigation. Jonathan Stuart Viar (pictured left) of Waynesboro is charged with two felony counts of solicitation of a minor over a computer. Austin Lee Shifflett (pictured right ...
1070 WINA Newsradio - Sep 24 2016
2 facing charges of soliciting a minor
The Greene County Sheriff’s Office said Friday that Austin Lee Shifflett, of Greene County, has been charged with three counts of soliciting a minor using ... Authorities say the arrests are part of an ongoing investigation by the Greene County Internet ...
The Daily Progress - Sep 30 2016
Burnet Middle School principal arrested for solicitation of a minor
According to the Austin ISD Police Department, Burnet Middle School principal David Dean has been arrested and charged with online solicitation of a minor. Dean's bond was set at $70,000. Officials said they have no reason to believe any AISD students are ...
fox7austin.com - May 18 2016
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If your child is arrested or referred to the juvenile court by some other means-perhaps even by you-you will undoubtedly face a flood of emotions and have a multitude of questions. An attorney experienced in juvenile law can answer your questions and walk you through the process, while helping to ensure the best possible outcome for you and your child. Although the juvenile court process can vary somewhat from state to state, or even county to county, the following summary outlines the basic steps that you can expect if your child should become involved with the juvenile justice system.
- A juvenile court matter comes to the court’s attention when the police apprehend a minor for violating a statute or a school official, parent, or guardian refers a problem with a juvenile to the court.
- The court intake officer then evaluates the case to determine whether further action is necessary, whether the child should be referred to a social service agency, or whether the case should be formally heard in juvenile court.
- If the situation is serious enough, the juvenile may be detained in a juvenile correction facility pending resolution of the matter or he or she may be sent to an alternative placement facility such as a shelter, group home, or foster home.
- If the intake officer decides that a formal hearing in juvenile court is not necessary, arrangements may be made for assistance for the child from school counselors, mental health services, or other youth service agencies.
- If the intake officer decides that the case should be heard in juvenile court, a petition is filed with the court setting forth the statutes that the child is alleged to have violated.
- In cases of serious offenses such as rape and murder, the matter may be referred to the district or county attorney’s office, after which the juvenile may be charged as an adult, tried in the criminal courts, and even sentenced to an adult correctional facility.
- If the matter proceeds to juvenile court and the child admits to the allegations in the petition, a treatment program is ordered.
- If the child denies the allegations in the petition, a hearing like an adult criminal trial is held. The child has the right to be represented by counsel at this hearing. Rather than trying the case to a jury, however, a judge hears the matter and decides whether the juvenile has committed the acts alleged in the petition.
- If the allegations have not been proven to the court’s satisfaction, the judge will dismiss the case.
- If the judge decides that the allegations have been proven, he or she may rule that the child is a status offender or a delinquent.
- A second juvenile court hearing is then held to determine the disposition of the matter. If the juvenile is not considered to be dangerous to others, he or she may be put on probation. While on probation, the juvenile must follow the rules established by the court and report regularly to his or her probation officer. Serious offenders, however, may be sent to a juvenile correction facility.
- Other treatment options include community treatment, like making restitution to the victim or performing community service; residential treatment, in which a juvenile is sent to a group home or work camp, with a focus on rehabilitation; and nonresidential community treatment, in which the juvenile continues to live at home but is provided with services from mental health clinics and other social service agencies.
Austin Juvenile Offenders Defense Lawyer: The Charles Johnson Law Firm
Don’t let your teenager’s poor judgment or drug use ruin their future. At the Charles Johnson Law Firm, we are prepared to protect the rights of teenagers in juvenile court, and where a plea bargain, juvenile probation, or other alternative form of sentencing is in our client’s best interests, we will work hard to get the best deal possible. When possible, we work to get juvenile violations removed through expunction, and we committed to getting our clients the treatment for drug and alcohol addiction they need.
Related News Stories – Juvenile Arrests in Austin, Texas
Creepy Clown reports; summary and timeline of a week’s scary happenings
In Cincinnati a juvenile was arrested. On 3 October Fox2Now carried a story about ... Reports have come in across Houston, Chesterfield and Austin. Police are now getting serious about bringing hoaxers to justice. Gulf News reports that across multiple ...
us.blastingnews.com - Oct 04 2016
Texas offensive lineman suspended following DWI arrest
AUSTIN, Texas (AP) - Senior guard Kent Perkins has been suspended for one game by Texas coach Charlie Strong following his arrest last week for allegedly ... girl reported missing last week is now at the Juvenile Justice Center under court ordered ...
KRIS-TV 6 Corpus Christi - Sep 27 2016
Today, Romeo Would Be Jailed for Sexting Juliet
After discovering indecent photos of Austin's 15-year-old girlfriend on his ... Since Thomas was under 17, he was referred to something called Juvenile Intake—the equivalent of being arrested for minors. According to a spokesperson for the Superior ...
News Week - Sep 25 2016
Texas police use Facebook to find girl wanted in four armed robberies
Austin police have arrested a juvenile in the four robberies that happened in Austin and Pflugerville over the weekend, but they’re still searching for the man seen in surveillance video with the girl. La Unica Michoacana ice cream shop in Austin is one ...
WISH-TV - Sep 21 2016
TGI Friday's waiter stiffed
Burglary to motor vehicle arrest A Chicago juvenile was arrested in the first block of Superior ... A green 1996 Honda Civic was stolen from the 900 block of North Austin Boulevard, sometime between 7 and 10 p.m. on Sept. 25. The estimated loss to the ...
OakPark.com - Oct 04 2016
Man arrested for shooting up Shelbyville churches
A man has been arrested for shooting at three Shelbyville churches. Wendell Buchanan was taken into custody Saturday afternoon in Bedford County. Bedford County Sheriff Austin Swing said ... 2 teens escape Putnam County Juvenile Detention Center 2 teens ...
WSMV - Oct 02 2016
Texas Troopers, Austin Police Will Make Complaining Easier
The Texas Department of Public Safety and Austin Police Department will begin including information ... lawmakers told it to stop incarcerating so many teenagers, the Texas Juvenile Justice Department has diverted 52 juvenile offenders for rehabilitation ...
The Texas Tribune - Oct 04 2016
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Criminal proceedings take place in a series of stages. Usually, the police are responding to a citizen’s complaint that a crime has been committed. Sometimes, the police observe suspicious activity. Once they are called, or see something suspicious, the police investigate, take statements from witnesses, and prepare a report on their findings. At times, they will arrest people during the course of their investigation. At other times, they will complete their report and submit it to the prosecutor’s office for evaluation, and a prosecutor will decide whether charges should be filed against any suspects named in the police report.
The exact procedure for how charges are filed varies from jurisdiction to jurisdiction. Some jurisdictions give the police greater discretion in charging defendants with specific crimes, while others place more power with the prosecutor’s office. After being stopped by the police, a person may be ticketed for a “civil infraction,” may be ticketed or arrested for a “misdemeanor,” or may be arrested for a “felony.”
While it is common to speak in terms of being “charged by the police,” in many states this is not entirely accurate. The exact procedure for how charges are filed varies from jurisdiction to jurisdiction, and, although the police may arrest a person and may recommend a specific charge, in many jurisdictions criminal charges is chosen solely by the prosecutor’s office.
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