The Difference Between Prostitution and Solicitation in Michigan
The Difference Between Prostitution and Solicitation in Michigan
Although it is often referred to as a victimless crime, both solicitation and prostitution remain illegal in Michigan and the vast majority of the United States. Though often used interchangeably Prostitution and solicitation mean differ things. Prostitution is generally defined as the acceptance of money by one person in exchange for sex acts performed on another person, whereas solicitation is defined as the act of propositioning another individual to exchange sex for money. This distinction is important since solicitation only requires intent, while prostitution must include actual engagement in a sex act.
If you have been arrested or charged with Prostitution or Solicitation, we recommend that you retain experienced counsel to aid in the defense of this charge.
The Typical Apprehension
While it is commonly assumed that law enforcement officials are lenient when dealing with prostitutes and their customers, this characterization is largely inaccurate. In fact, police departments in many counties and cities set up sting operations for the sole purpose of exposing people that are looking to find a prostitute.
In its most common form, a female undercover police officer is dispatched to a street normally frequented by prostitutes. When approached by someone interested in a sex act for money, the officer will arrest the person and charge them with solicitation.
Prosecutors in these instances are often aggressive and very willing to take the case to trial.
Penalties and Consequences
Most Prostitution and solicitation cases are brought under the local ordinance of the municipality in which they occur. A such punishment caries but as with other Misdemeanor charges for first time offenders can include a prison term up to 93 days and/or a fine of up to $500. Three or more offenses constitute a felony which can result in a prison term up to two years and/or a fine of $2000. In the City of Detroit a first time offense carries a mandatory jail sentence of 45 days.
Perhaps most unsettling is the prospect of enduring the consequences of a prostitution or solicitation trial. Your reputation can be permanently damaged, your personal relationships will likely become strained or destroyed, and your current and future employment opportunities may be jeopardized.
You should also know a prostitution or solicitation conviction will result in mandatory testing for sexually transmitted diseases and may result in the forfeiture your vehicle if it was involved in the commission of the crime. Additionally, the court may a require you to register as a sex offender under the Michigan Sex Offender Registration Act. Thus anytime an arrest is made for solicitation or prostitution, attorney representation is critically important.
Remember, judges have a tremendous amount of discretion when imposing your punishment. Without us, or another competent attorney, you may say or do the wrong thing, increasing your punishment. For this reason, looking for an attorney who practices in the county where you were violated is particularly helpful. That said, we regularly practice in the counties of Oakland, Macomb, Wayne, and Lapeer, Livingston, Washtenaw, Genesee, and St. Clair.
One of the greatest advantages of hiring our firm is the connections we bring to the process. Typically we know the prosecutor and the judge, allowing us to anticipate the judge's reactions, understand how the prosecutor will want to proceed, and to negotiate the best deal for our clients in efforts of removing as much uncertainty from the process as possible.
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