Criminal charges for prostitution or solicitation can lead to serious legal penalties and social humiliation. However, many cases involve misunderstandings or police officers who are too eager to arrest to listen to a suspect’s reasonable explanations. Hire an attorney immediately to mount an effective defense and fight the charges.
Prostitution involves engaging in sexual activities, or offering to engage in sexual activities, in exchange for money or something of economic value. Solicitation involves seeking sexual favors from someone engaged in prostitution. These charges often go hand in hand, and defendants may face jail time, fines, and public embarrassment. However, not every case is what it seems. If no money or anything of value is exchanged, there is often no crime. If prosecutors cannot prove that what you allegedly did fits the definition of these crimes, we may be able to fight the charges successfully.
Call our New Jersey criminal defense lawyers with the Law Offices of John J. Zarych at (609) 616-4956 for a free, private case review.
How Solicitation and Prostitution Offenses May Be Charged in New Jersey
In New Jersey, solicitation and prostitution are both charged under the same statute and tend to overlap, although they are technically different offenses.
Solicitation
Prosecutors may charge someone with solicitation if they have evidence that the defendant patronized or attempted to patronize someone engaged in prostitution. The person charged with solicitation is not the person engaging in prostitution, but rather the person who pays for sexual favors.
In many cases, the police may work undercover to find people soliciting sex workers, or they may intervene in areas where prostitution and solicitation are known to take place.
Prostitution
Prosecutors may charge someone with prostitution if they believe the defendant was sexually active or offered sexual activities in exchange for money or something of economic value. Prostitution may occur under various circumstances. In some cases, it involves people being picked up off public streets by customers. In others, it might involve a more professional setting or atmosphere, like an upscale brothel or escort service.
How You Can Fight Charges for Prostitution and Solicitation
Society has never been kind to those suspected of engaging in or supporting prostitution, but you still have a right to defend yourself, and hiring a good lawyer is the first step.
No Exchange of Money
Charges for prostitution and solicitation require that there be an exchange of money or something of economic value. Remember, the exchange need not actually take place. An offer and acceptance are often enough for the purpose of filing charges. If there is no actual exchange, or the alleged exchange was never offered, tell your lawyer. This is a key element of the charges. If prosecutors cannot prove it, the charges may fall apart.
No Sexual Activity
You might instead fight the charges if sexual activity was never involved in the incident. Prostitution and solicitation are inherently sexual offenses. If sex played no part in the encounter, you may fight the charges.
This sometimes comes up when a person pays an escort to take them to an event or on a date. While these are personal services that are provided and paid for, they are not necessarily sexual. The escort business is legal as long as dates do not become sexual activities.
Your Actions Were Unknowing
To be charged, there must be evidence that you knew what you were doing. It is not uncommon for a person to flirt with someone they meet at a bar, only to find that the person is engaged in prostitution and they meet new clients at the bar. A police officer who observes the situation might misunderstand what is happening and arrest you for solicitation.
What if I Did Not Engage in Prostitution by My Own Choice?
Engaging in prostitution is not always a willing choice. Many people are forced into prostitution against their will. These human trafficking offenses are frighteningly common, and they may involve small, isolated incidents or large criminal and human trafficking rings.
If you were engaged in prostitution because someone forced you into it, inform the police as soon as possible. In some cases, the victim cannot report what is happening because they are too closely watched by the people abusing them. As such, they might have to wait until the police arrest them to report that they are being forced into prostitution.
Important Facts You Can Challenge in a Prostitution and Solicitation Case
Even if we cannot challenge the criminal elements in your case, there may be important factors around the incident that the authorities have all wrong.
The Location of the Alleged Offense
An important factor in the case is where the alleged prostitution or solicitation occurred. While the incident does not have to occur in public to warrant charges, public acts of prostitution or solicitation tend to be more frowned upon, and it may be considered an aggravating factor.
Also, charges and penalties may be different if the offense allegedly occurred in a brothel or house of prostitution. If your case is not connected to a brothel, our Haddonfield, NJ criminal defense lawyers must make sure that the charges reflect this fact.
Your Intentions
Again, prostitution and solicitation must occur because the actor knows what they are doing. If you did not intend to accept or offer money, tell your lawyer. For example, you might have been flirting with someone without realizing they are engaged in prostitution, and they might mistake your flirting for an offer for money in exchange for sexual activity.
Intent is tricky to prove, and if we challenge the intent alleged by prosecutors, we could possibly undermine the case against you.
Statements Made by the Police
Did the officer lie or embellish their testimony about what happened when you were arrested? Often, these charges are based largely on police observations during an arrest. If they are not telling the truth or have stretched the truth, talk to your attorney about how you can prove the real facts of the situation.
Evidence You Can Use to Fight Charges for Prostitution and Solicitation in New Jersey
Fighting almost any criminal charges requires some evidence, and we should begin gathering it as soon as possible. If we wait too long, evidence may disappear.
Security Camera Footage
If the offense allegedly occurred in public, such as on a public street, there may be security cameras nearby that recorded the incident. We can reach out to homes or businesses near the alleged incident location and review them to see if they align with law enforcement’s claims. If they do not, they may be used to undermine the charges against you.
Witness Testimony
Witnesses may be key to our evidence. If others were there when the alleged offense took place, they may be able to back up your claims that you did not do anything illegal. Alternatively, they may have information that somehow contradicts the claims of law enforcement. Remember, prosecutors must prove the charges beyond a reasonable doubt. Even if witness testimony does not completely exonerate a defendant, it may raise sufficient reasonable doubt to prevent a conviction.
Your Testimony
Perhaps the most important testimony is your own. Sometimes, defendants charged with prostitution or solicitation are arrested in more isolated incidents, and there might not be any other witnesses who can back up your claims. As such, it may be necessary for you to testify about what really happened.
It may or may not be a good idea for a defendant to testify in their own trial. Once you are on the witness stand, prosecutors may cross-examine you, and they may be ruthless. Talk to your attorney about whether testifying in your case is a good idea.
Do I Have to Register as a Sex Offender if Convicted of Solicitation or Prostitution?
While prostitution and solicitation may involve sexual activity and tend to fall under the category of sexual crimes, convicted defendants often do not have to register as sex offenders in New Jersey. These offenses often involve willing participants and are sometimes referred to as ‘victimless crimes’.
However, this is not always the case. If you are charged with prostitution or solicitation in a way that involves a minor, you may be required to register as a sex offender if convicted. Mistaken beliefs as to the victim’s age are usually not a defense.
Should I Accept a Plea Deal for Prostitution or Solicitation Charges?
Crimes of prostitution and solicitation, when only involving consenting adults, tend to be considered low-level crimes among police and prosecutors. These offenses are also somewhat common, and prosecutors may be eager to get your case off their plate so they can focus on more serious issues. As such, we may be able to negotiate a favorable plea deal.
If you accept a plea deal, you will plead guilty to reduced charges and likely face more lenient penalties. Plea deals are not guaranteed, and your attorney may need to negotiate with the prosecutor to secure you a good deal. Whether pleading guilty as part of a plea deal is a good idea is up to you. You are free to reject a plea deal if you do not like it or want to pursue a full trial.
If we believe prosecutors do not have enough evidence to support a conviction, we should reject a plea deal offer and take the matter to court. When prosecutors realize they lack sufficient evidence to secure a conviction, they may drop the charges, or we can ask the judge to dismiss them.
FAQs About Fighting Charges for Solicitation and Prostitution in New Jersey
How Are Charges Assessed for Prostitution and Solicitation?
Charges for prostitution may be assessed if a defendant is believed to have engaged in sexual activity with someone else in exchange for money or something of value. Solicitation is like the opposite end of this transaction and may be charged when someone seeks out the services of someone engaged in prostitution.
How Can I Fight Charges for Solicitation or Prostitution?
You may have numerous defense options depending on your case. Perhaps there was sexual activity without any exchange of money. Maybe you were flirting with someone, but had no idea they were working in prostitution and mistook you for a paying customer. Your actions must be knowing, and many cases involve defendants who were not fully aware of what was going on.
Will I Go to Jail for Prostitution or Solicitation?
If convicted, you may face incarceration for prostitution or solicitation. However, first-time offenders may be able to negotiate plea agreements for reduced charges or more lenient penalties. Whether this is best depends on your case and should be discussed with your lawyer.
Will I Have to Register as a Sex Offender if Convicted of Prostitution or Solicitation?
Generally, people convicted of prostitution or solicitation do not have to register as sex offenders in New Jersey unless the crime involves a minor. Even so, you should check with your lawyer about possible registration requirements in your case.
Do I Need a Lawyer to Help Fight Charges for Solicitation or Prostitution?
You are not required to have a lawyer, but you have a right to have one in a criminal case. It is unwise to try to proceed without legal representation, and you should hire a lawyer to help you as soon as possible.
Can I Be Charged for Solicitation or Prostitution if There Was No Sexual Activity?
Yes. These criminal charges may apply even if the people involved did not actually engage in any sexual activity. The key is that there was an offer to exchange sex for money. The other person might not even have to accept the offer for charges to be assessed.
Get Help Now from Our New Jersey Solicitation of Prostitution Defense Lawyers
Call our Cape May, NJ criminal defense lawyers with the Law Offices of John J. Zarych at (609) 616-4956 for a free, private case review.
