Being charged with solicitation in California is a serious matter, potentially leading to significant penalties including fines and jail time. Successfully fighting these charges requires a thorough understanding of the law and a strong defense strategy. This guide explores how to navigate this legal challenge, providing crucial information and highlighting key considerations.
Understanding California Solicitation Laws
California Penal Code 653f addresses solicitation, defining it as the act of asking, enticing, or persuading another person to commit a crime. The specifics of the charge depend heavily on the underlying crime solicited. For example, solicitation to commit murder carries far more severe penalties than solicitation to commit a misdemeanor. The prosecution must prove beyond a reasonable doubt that you:
- Intended to persuade another person to commit a specific crime.
- Communicated that intention to another person.
- Your communication included an overt act towards the commission of that crime. This act doesn't necessarily need to be an illegal act itself; it could be simply suggesting a plan or taking a preparatory step.
Common Defenses Against Solicitation Charges
Several defenses can be successfully employed to fight a solicitation charge. The effectiveness of each depends on the specific circumstances of the case.
1. Lack of Intent
This defense argues that you did not actually intend for the other person to commit the crime. Perhaps your words were misinterpreted, or you were joking. This requires strong evidence demonstrating your lack of serious intent. Showing a history of non-violent behavior or a lack of criminal record can be beneficial.
2. Entrapment
Entrapment occurs when law enforcement officers induce someone to commit a crime they wouldn't have otherwise committed. If the police pressured you into soliciting the crime, this defense could be successful. Evidence of coercion, undue influence, or repeated encouragement from law enforcement is crucial here.
3. Lack of Overt Act
The prosecution must prove you took an overt act towards the commission of the crime. If your words were merely suggestions or idle chatter, without any concrete action towards the crime's commission, this defense can be effective. This requires careful examination of the evidence to demonstrate a lack of substantial steps toward the intended crime.
4. Insufficient Evidence
This defense is based on the prosecution's inability to meet its burden of proof. If the prosecution lacks sufficient evidence to show beyond a reasonable doubt that you intended to solicit a crime and took an overt act towards it, the charges can be dismissed.
5. Withdrawal
If you attempted to solicit a crime but subsequently withdrew your request and actively dissuaded the other person from committing it, this could be a viable defense. The timing and sincerity of your withdrawal are key factors.
What Happens During a Solicitation Case?
The process typically involves:
- Arrest and Booking: You will be arrested and processed, potentially leading to bail or release on your own recognizance (ROR).
- Arraignment: You will appear in court to hear the charges and enter a plea (guilty, not guilty, or no contest).
- Discovery: Both the prosecution and defense gather and exchange evidence.
- Pre-trial Motions: Motions to suppress evidence or dismiss charges may be filed.
- Trial: If a plea agreement isn't reached, the case proceeds to trial.
- Sentencing: If convicted, you will be sentenced according to the severity of the charge.
How to Build a Strong Defense
- Seek Legal Counsel Immediately: Contacting a qualified California criminal defense attorney is crucial. They can assess the evidence, advise you on your legal options, and develop a strong defense strategy.
- Gather Evidence: Preserve any evidence that might support your defense, including text messages, emails, or witness statements.
- Cooperate with Your Attorney: Follow your attorney's advice and provide them with all necessary information.
- Do Not Talk to Police Without an Attorney Present: Anything you say can be used against you.
Disclaimer: This information is for educational purposes only and should not be considered legal advice. The specifics of your case will determine the best course of action. Consulting with a skilled California criminal defense attorney is essential to protect your rights and build the strongest possible defense.
