Solicitation

In Washington, DC, prostitution is defined as a sexual act with another person in exchange for money. Solicitation is defined as an act that is inviting, enticing, offering, persuading, or agreeing to engage in prostitution. The maximum penalty is 90 days in jail and or a $500.00 fine.

In Washington, DC the government must prove beyond a reasonable doubt that the involved parties intended to establish a contract for money in exchange for a sexual act. The government is not required to prove that a sexual act occurred. The government is only required to prove there was intent to enter into an agreement which involved the exchange of money for a sexual act. This can be hard for the government to prove as the government must show that specific words of intent were used. A skilled Washington, DC solicitation or prostitution lawyer will know how to attack the government’s case.

In Washington, D.C., the police commonly use two types of stings to make solicitation and prostitution arrests. One form of sting occurs when the police book a hotel room. In this case, an undercover officer pretends to be either a prostitute or a person waiting for a prostitute to arrive. AKA “John.” Sometimes the police use false ads or dating apps to try and lure individuals into a hotel room. Another common sting is when an undercover officer pretends to be a prostitute on a street corner. In this case, the officer usually approaches a driver and attempts to make conversation regarding the exchange of sex for money. If the undercover officer believes that she has been offered money for sex, she will signal their fellow officers (usually hiding in a nearby car or van) and an arrest will be made. If you are arrested during a sting do not make any statements. Once you are released, contact a Washington, DC criminal defense attorney who specializes in solicitation and prostitution arrests. With the correct representation you should be able to avoid jail time and possibly a conviction.

In Washington, DC, there are several defenses that are commonly raised by a skilled solicitation or prostitution lawyer. One defense is to argue entrapment. However, the DC Courts’ have weakened this defense. To prove entrapment, the defense must put forth evidence which shows that the police acted to induce the defendant to commit the crime of solicitation. There must be some element of government coercion or fraudulent inducement for this defense to be successful. A second, and more successful defense, is to argue that a contract for sexual service was not completed. This could be due to the fact there was never an offer or acceptance. Or it could be simply because one party was joking or not paying attention during the interaction and never had the intent to enter into any agreement. These are just a couple of the defenses that skilled criminal defense attorney in Washington, DC could raise.

In Washington, DC, the two forms of diversion that are offered in solicitation or prostitution cases are known as a DSA or a DPA. A Deferred Sentencing Agreement (DSA) is a form of a contract with the government that requires you to plead guilty. However, if you complete the terms and do not get arrested during the period of the agreement, your guilty plea will be withdrawn, and your case dismissed. A Deferred Prosecution Agreement (DPA) is a form of diversion program that does not require a guilty plea and results in a dismissal of your case. A skilled Washington, DC criminal defense attorney will have the experience and skill to negotiate a diversion agreement with the government.