Common Defenses to Solicitation Charges in Texas Courts
In Texas courts, common defenses to solicitation charges usually focus on showing there was no real intent, no clear agreement, weak evidence, police entrapment, mistaken identity, or unlawful police conduct. The prosecutor has to prove every single part of the crime beyond a reasonable doubt, and if even one piece does not fit right, the case can fall apart.
Houston, Texas, is the largest city in the state and a major hub for business, energy, and culture. The city’s population of over 2.3 million creates a diverse and active urban environment, with dense neighborhoods, busy nightlife districts, and a vibrant entertainment scene. This high level of activity means that legal cases, including solicitation charges, are handled regularly in the courts, making it important to have an experienced solicitation of prostitution defense lawyer in Houston.
What Are Some Common Defenses for Solicitation Charges?
If you are facing these solicitation charges in Texas, here are a few defenses that can help you get off the hook:
Lack of Evidence
This is the most practical defense in Texas. The burden is not on the defendant to prove innocence. It is entirely on the state to prove guilt.
To convict under Texas Penal Code § 43.021, the State generally must prove that there was a very clear agreement and offer to exchange sexual favors for money.
If there is no clear recording, no reliable witness, and no solid proof of an actual agreement, then the case may not stand the way it first appeared.
Entrapment
Under Texas Penal Code § 8.06, entrapment happens when a person commits a crime under duress or persuasion of any kind from law enforcement.
The police in Texas often run sting operations, especially online, pretending to offer services to catch people who respond. Entrapment happens when law enforcement persuades or pressures someone to commit a crime that they were not already willing to commit.
If the idea came from the officer and the person was not predisposed to do it, that can be argued in court. However, police in Texas are allowed to use certain undercover tactics, so the details matter a lot.
Mistaken Identity
Sometimes online profiles are fake, phones are shared, or messages are misunderstood. If the state cannot prove the accused person was actually the one who made the offer, that creates doubt. In criminal court, doubt can change everything.
Unlawful Search and Seizure
The Fourth Amendment is taken quite seriously in Texas. How the police get evidence matters just as much as what they find. If officers searched a phone, a car, or someone’s home without a valid warrant or without a legally recognized exception, that search may be challenged. The Constitution sets limits for a reason.
When evidence comes from an unlawful search, a defense attorney can ask the court to suppress it. If the judge agrees, that evidence doesn’t get used at trial. It’s simply out.
And when key evidence is removed, cases can weaken quickly. A prosecution that once looked airtight can suddenly feel thin. It doesn’t automatically end the case. But it can change the direction of it.
Key Takeaways
- In Texas, a person can face solicitation charges if they, of their own will and accord, agree to pay for sexual activities in any form.
- No physical contact has to happen; just the agreement itself can lead to charges.
- Solicitation is now treated more harshly than prostitution itself.
- Solicitation became a state jail felony in Texas as of September 1, 2021.
- Your lawyer can help save you from fines and consequences by employing any of the defenses stated above.
