What would you do if a simple social media message, false accusations, or misunderstood interactions suddenly turned into an accusation and an arrest for solicitation of a minor? This harrowing experience can turn your life inside out, leading to job loss or reputational damage.
Do you know that 25% of child solicitation arrests are false accusations? Additionally, courts are inclined to protect children. Therefore, prosecutors and police will always favor the minor’s word and presume you are guilty. Even a minor issue or petty lie will likely lead to jail time.
So, it is always upon you to figure out how to protect yourself from the incidents that unravel after your arrest. With a good target and well-formulated action, you can regain your life and restore your innocence. It all begins with knowing all the relevant information.
This article explores how to protect your rights when arrested or accused of crimes.
One of the greatest mistakes you can make when accused or arrested for soliciting a minor is talking to the police. The police are trained to protect such a vulnerable population, so they can use manipulative tactics or take advantage of your fear to get you to admit wrongdoing.
Besides, you are not an expert in Virginia child solicitation laws, so you must tread carefully. One of the safest things to do is seek help from an attorney who understands Virginia laws about the solicitation of a minor. The lawyer understands everything about online or physical solicitation.
Further, they can help you avoid all the traps set by the police and record a statement that will not incriminate you. They can also help you understand your actions and how they could lead to arrests.
When deciding on the best attorney to represent you, you should also consider their experience in matters related to child solicitation. Ensure they have years of experience handling child exploitation cases. The experience is ideal for formulating the best strategy to fight back, ensuring the best outcomes.
It is always your right to remain silent while you wait for an expert to arrive and help. Let the lawyer do more talking. The only time to talk is when your lawyer asks you to.
Also, remember to be composed and do not show any signs of weakness or mental distress. Prosecutors are always looking for any weakness to use. Your anxiety and fear could easily give them a reason to question you aggressively.
Finally, do not share the details of your case with anyone else besides your lawyer. Even in jail, be silent since the facilities can have recorders to get your admission.
Most people arrested for child solicitation never know they are committing a crime. Whether you knew or not, the charges brought against you for child solicitation can be damaging. Therefore, you should pay attention to the charges.
Based on your actions and activities, the charges can be minor or misdemeanors and escalate to major offenses and felonies. The minor charges would include personal prostitution, online conversation, sexting a minor, or arranging a meeting with a minor. Serious offenses include sex with a minor, trafficking, and forceful sex encounters.
Once you know the charges, you compare them to the actual events to determine whether you are guilty.
Once you understand the charges, your lawyer can formulate the best defense to reduce the sentence, clear your name, or convince the prosecutor to dismiss the case. There are many defense strategies you can adopt.
One of the best defenses is age misrepresentation. If you never knew the person was a minor, you can win if you prove the minor was interested in the act and even made some moves to facilitate the whole solicitation. This strategy enables you to shift the burden of proof to the prosecutor and plaintiff.
Another possible strategy is to challenge the validity of the evidence. In the case of online incidents like sexting, you should pay attention to every detail. In your defense, you can provide proof or allege message tampering, account hacking, or fake accounts. It is possible that someone could use a fake account with your details for such crimes. Such an explanation can help you get your case dismissed due to lack of evidence.
Thirdly, you can question the police actions and violations at the time of the arrest. For instance, focus on unlawful searches and unlawful entrapment during operations. One of these incidents can weaken the police case or help you get a plea deal instead of jail time
Most people make the biggest mistakes of deleting things, burning evidence, or tampering with it. Even if you are guilty of the crimes, such actions will only hurt you further. Do not delete any messages or social media activities. Instead, keep them and use them to prove that the plaintiff knew what was happening.
Besides that, the document various incidents that happened during the arrest. While you cannot write everything down, always turn on your phone recorder to capture everything. It will help you prove incidents like the police not reading you your Miranda rights or police coercion and intimidation.
Whenever you face charges for child solicitation, always make informed decisions and consider the best steps to get your name cleared. Begin by seeking legal representation and staying quiet to avoid self-incrimination. Remember, your strategy to win is to have enough evidence. Therefore, gather as many details as possible. After that, understand all the charges and accusations against you. Be open-minded and leverage every piece of evidence to boost your defense or sway prosecutors to drop the case.
