Solicitation Defense Lawyer in Chicago

Charged with Solicitation of a Sexual Act? You Deserve Judgment-Free Legal Help

Facing a solicitation charge in Chicago can be a daunting experience, but with the right legal support, you can protect your rights and future. At The Toney Law Firm, LLC, we understand the intricacies of the local legal system and offer strategic defense for those accused of solicitation of a sexual act. Our deep understanding of Illinois laws and Chicago-specific regulations allows us to provide the focused legal representation you need.

Chicago's regulations regarding solicitation charges are influenced by both state and local laws, creating a unique landscape for defendants. The legal process in Chicago involves navigating the Cook County court system, which can be overwhelming without experienced legal representation. Our attorneys have the proficiency to manage these complexities, ensuring you are well-prepared at every stage of your defense.

A dedicated solicitation defense lawyer in Chicago is ready to defend your rights. Call (888) 473-4058 today or reach out online for a free consultation.

Understanding Solicitation of a Sexual Act Charges in Illinois

In Illinois, the crime of "solicitation" is specifically defined under 720 Illinois Compiled Statutes (ILCS) 5/11-14.1, titled "Solicitation of a sexual act." This statute criminalizes the act of offering something of value in exchange for a sexual act.

A person commits the offense of Solicitation of a Sexual Act if they:

• Offer a person not his or her spouse any money, property, token, object, article, or anything of value.
• For that person or any other person not his or her spouse to perform any act of sexual penetration (as defined in 720 ILCS 5/11-0.1 of the Code, which includes vaginal, oral, or anal penetration) or any touching or fondling of the sex organs of one person by another person, for the purpose of sexual arousal or gratification of either party.

Key Elements the Prosecution Must Prove:

• Offer of Value: There must be an offer of money, property, or anything else of value.
• Specific Sexual Act: The offer must be for a specific act of sexual penetration or touching/fondling of sex organs.
• Purpose of Sexual Arousal/Gratification: The act must be for the purpose of sexual arousal or gratification.
• Not Spouse: The offer must be made to a person who is not the accused's spouse.

The actual performance of the sexual act is not required for a charge of solicitation. The mere offer or agreement to perform the act for value is sufficient. This is a critical distinction that a Chicago solicitation lawyer will emphasize.

Related Offenses that May Arise from Similar Investigations:

While "Solicitation of a Sexual Act" is the direct charge, investigations often involve other related offenses:

• Prostitution (720 ILCS 5/11-14): This is the act of performing, offering, or agreeing to perform a sexual act for anything of value. A person cannot be convicted of solicitation if the prostitution underlying the offense consists exclusively of the accused's own acts of prostitution.
• Patronizing a Prostitute (720 ILCS 5/11-18): This applies to a person who knowingly engages in a sexual act with a prostitute or enters/remains in a place of prostitution with the intent to engage in a sexual act with a prostitute.
• Soliciting for a Prostitute (720 ILCS 5/11-15): This involves soliciting another for the purpose of prostitution, arranging or offering to arrange a meeting for prostitution, or directing another to a place knowing such purpose. This targets those who facilitate prostitution.
• Promoting Prostitution (720 ILCS 5/11-14.3): This includes advancing prostitution (e.g., soliciting, arranging meetings, providing premises) or profiting from prostitution by compelling others or making arrangements for them.
• Online Solicitation of a Minor: This is a much more serious offense, often charged under other statutes (e.g., Aggravated Criminal Sexual Abuse or related crimes against children) and carrying felony penalties and sex offender registration. This is distinct from "Solicitation of a Sexual Act" from an adult. If this is the accusation, you need a different type of solicitation attorney in Chicago immediately.

Understanding these distinctions and how they may be intertwined in an investigation is crucial. A skilled Chicago solicitation lawyer will meticulously analyze the specific charges against you.

Penalties for Solicitation Convictions in Illinois

The penalties for solicitation of a sexual act in Illinois vary significantly based on specific aggravating factors and prior convictions. While a first offense is often a misdemeanor, it can quickly escalate to a felony, with severe and lasting consequences.

For a First Offense Solicitation of a Sexual Act (Class A Misdemeanor):

• Jail Time: Up to 364 days (1 year less 1 day) in county jail.
• Fines: Up to $2,500.
• Probation: A period of probation (up to 2 years) or conditional discharge (up to 2 years).
• Court Costs: Additional mandatory court costs and fees.
• Vehicle Impoundment: A vehicle used in the commission of the offense may be impounded by law enforcement. The owner may recover it after a minimum of 2 hours upon payment of a fee (currently $200). For most first offenders, a skilled solicitation attorney in Chicago will aim to avoid jail time and potentially secure a disposition that allows for future expungement.

Felony Solicitation Charges (Class 4 Felony):

A solicitation of a sexual act charge can be elevated to a Class 4 Felony under several circumstances:

1. Solicitation from a Minor (Under 18): If the person from whom the sexual act is solicited is under the age of 18.
2. Solicitation from a Person with Intellectual Disability: If the person from whom the sexual act is solicited is a person with a severe or profound intellectual disability.
3. Second or Subsequent Violation: If the accused has a prior conviction for solicitation of a sexual act.
4. Solicitation within 1,000 feet of a School: If the offense occurs within 1,000 feet of real property comprising a school, it can be a Class 3 Felony (more severe than Class 4).

Penalties for Class 4 Felony Solicitation:

• Prison Time: 1 to 3 years in state prison.
• Fines: Up to $25,000.
• Probation: Possible, but often less likely than for misdemeanors, especially with prior offenses.
• Sex Offender Registration: Crucially, if the solicitation involves a minor (under 18), a conviction will likely require mandatory registration as a sex offender under the Illinois Sex Offender Registration Act (730 ILCS 150/1 et seq.). This is a devastating, lifelong consequence.

The Solicitation Defense Process in Chicago

When charged with solicitation, the first step is to seek legal counsel to understand your rights and options. At The Toney Law Firm, LLC, we carefully examine the details of your case, scrutinizing evidence and exploring every possible defense strategy. Our goal is to mitigate the impact of the charges, aiming for reduced penalties or dismissal when possible.

Each case is unique, and we tailor our approach to fit the specifics of your situation. We might seek expert opinions, conduct thorough background checks, and use evidence-gathering processes that challenge the prosecution’s case. Our dedication to uncovering the truth ensures that we leave no stone unturned in defending your rights.

Navigating the Chicago Courts

Understanding the nuances of the Chicago court system is crucial in mounting a robust defense. Every court has its own procedures, and as your solicitation criminal lawyer in Chicago, we ensure a well-prepared representation throughout your legal journey. We offer expert guidance on court procedures, arraignments, and trial expectations tailored specifically for Chicago's legal landscape.

Chicago's legal environment is bustling and fast-paced, requiring a defense approach that is both agile and strategically sound. Our frequent interactions with local judges and prosecutors provide us with invaluable insights into court dynamics, allowing us to anticipate challenges and adjust our strategies accordingly. This proactive approach enhances our ability to advocate effectively on your behalf.

Why Choose The Toney Law Firm, LLC

At The Toney Law Firm, LLC, we understand the stress and uncertainty that come with solicitation charges. Our compassionate and dedicated team is here to provide the guidance you need. With us, you are not navigating this alone. We focus on your future and work tirelessly to secure the best possible outcome. 

• Team Approach: Our collaborative legal team ensures comprehensive defense strategies.
• Dual Expertise: Benefit from Attorney Sarah Toney's legal practice and academic experience.
• Trusted Reputation: Recognized by reputable legal associations for our dedication and success.

Our comprehensive team approach means that every aspect of your case is meticulously reviewed by multiple professionals, fostering diverse perspectives and innovative strategies. This is combined with the authoritative presence of Attorney Sarah Toney, who brings both practical courtroom finesse and the latest academic insights to the table, setting us apart from other firms.

Contact Us for Dedicated Support

Our support extends beyond legal counsel—we provide a source of reassurance and a path to resolution. Engage with us for a reliable partnership, where your goals become our mission, and your challenges are met with our unwavering commitment to your defense.

Call us at (888) 473-4058 or fill out this online form for a consultation. Let us help you through this challenging time with our strategic and focused legal support.

Frequently Asked Questions

What Should I Do If I Am Charged with Solicitation in Chicago?

It is critical to remain calm and contact The Toney Law Firm, LLC immediately. We will advise you not to speak to law enforcement without legal representation present, as anything said can be used against you. Our team will assess the situation and develop a strategy to defend your rights effectively.

Being charged with solicitation can be overwhelming, but taking immediate action is essential. From the moment of your arrest, every decision counts towards your defense. Contacting us at The Toney Law Firm, LLC ensures that you receive guidance tailored to your unique circumstances, maintaining the confidentiality and integrity of your case.

Can Solicitation Charges Be Expunged in Illinois?

Expungement is a possibility, but it depends on various factors like the severity of the offense and prior criminal history. Our knowledgeable attorneys can guide you through the process of seeking expungement, helping you to potentially clear your record and move forward with confidence.

Understanding the eligibility and process for expungement can be complex. Our attorneys provide a thorough consultation to assess your situation and determine the best course of action. Whether through expungement or sealing, we work towards securing your right to a fresh start.

How Can a Solicitation Criminal Lawyer Help Me?

A solicitation criminal lawyer in Chicago will provide the insights needed to navigate not only legal hurdles but also personal implications associated with the charges. At The Toney Law Firm, LLC, we offer personalized and empathetic support, dedicated to achieving the best outcome for your case.

Our lawyers take a holistic approach, considering not just the legal process but also the wider implications of your charges. We offer support and guidance to help you understand every facet of your situation, empowering you to make informed decisions and regain control of your life.

Is Consulting a Lawyer in Chicago Important for Solicitation Cases?

Yes, having a local lawyer is imperative in understanding the specific procedures and legal environment of Chicago courts. Our familiarity with local laws, judges, and legal procedures positions us to offer the most relevant and effective defense strategies for solicitation cases.

Beyond the courtroom, our local presence means we are readily accessible, facilitating frequent communication and confidence-building throughout your case. This connection to the community enhances our practice, reflecting a deep commitment to serving the residents of Chicago with integrity and diligence.