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Is Solicitation Illegal

Is Solicitation Illegal? A Complicated Question

Solicitation laws ain’t so simple. With free speech protections, it gets real messy real fast tryna figure out what’s allowed and what ain’t. But let’s break it down so we can wrap our heads around this tricky topic.

What Counts as Solicitation

Basically, solicitation means asking someone to engage in illegal activity. Obvious examples include:
Offering to sell or buy drugs
Trying to hire someone for prostitution
Asking a minor to send inappropriate photos
Shady stuff like that. But there’s also solicitation laws around legal activities – it just depends on the time and place. Like you can’t be hollerin’ at people to buy stuff in certain areas or after certain times at night. Feel me?

Two Main Types of Solicitation Charges

There’s generally two kinds of solicitation charges:

1. Solicitation of a Crime

This is when you try to get someone to help you commit a crime – whether by doin’ it directly or helping to plan/fund it. Conspiracy laws come into play here too.

2. Solicitation in Public Places

These laws aim to cut down on aggressive panhandling, prostitution, or disrupting the public peace. Lots of cities have rules against soliciting money, business, or other stuff from strangers in public areas.

Defenses Against Solicitation Charges

If you get slapped with one of these charges, there’s a few defenses that might get you off the hook:

You Were Joking

If you can show you weren’t serious when you made the solicitation, the charges will likely be dropped. But you gotta prove it wasn’t just a lame attempt to cover your tracks after the fact.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Entrapment

This means law enforcement pressured you into committing a crime you wouldn’t have otherwise. Like if an undercover cop kept hounding you to sell them drugs after you said no.

Misidentification

If the cops got the wrong person and you can prove you weren’t the one soliciting, then you’re off the hook.

Unconstitutional Vagueness

If the law used to charge you is too vague and doesn’t clearly explain what’s illegal, you may be able to get the charges tossed out.

Free Speech Issues

Here’s where it gets tricky. Solicitation laws can bump up against free speech rights real quick. Like if I stand on a street corner with a sign that says “Honk if you hate taxes,” am I soliciting unlawful tax evasion? Or just exercising free speech?
Courts gotta balance public safety with protecting civil liberties. It ain’t easy. Certain types of speech like threats, fraud, or conspiracy ain’t protected. But offensive speech usually is, even if most people think it’s BS.

Incitement vs Advocacy

There’s a difference between advocating for illegal activity as an abstract idea versus directly inciting imminent lawless action. Like writing an article saying “taxation is theft” is fine. But urging an angry mob to storm the IRS building right freakin’ now crosses the line.
See the distinction? One is more general advocacy, the other is inciting specific criminal conduct in the heat of the moment.

Prostitution & Anti-Solicitation Laws

One area where this free speech debate comes up is around prostitution laws. Activities related to the sex trade like:
Pimping
Pandering
Running a brothel
Are illegal in most places. But what about just offering or agreeing to sell sex? Is that protected free speech?
Some say yes. Others argue it leads to public nuisance issues like street harassment, violence against women, and human trafficking.
Most cities have laws allowing cops to arrest both sex workers and clients for things like:
Loitering in public for prostitution
Soliciting sex in public
Soliciting from a motor vehicle
Are these reasonable public safety measures or unconstitutional restrictions on free speech? There’s good arguments on both sides. And courts are kinda split.
For example, a federal appeals court struck down anti-solicitation laws in California. But other courts have upheld similar laws in places like Louisiana and Michigan. So it varies around the country.

Takeaways

Solicitation generally means asking someone to help commit a crime or engage in illegal activity.
It can also apply to aggressive panhandling, prostitution, or other disruptive behavior in public areas.
Charges require proof you intended for the crime to be committed, not just idle talk.
Defenses include entrapment, misidentification, or arguing the law violates free speech rights.
Balancing civil liberties and public safety around solicitation laws is tricky business open to debate.

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