A rather recently passed crime is that of computer solicitation of a minor for sexual purposes. Computer solicitation is one of he most serious offenses and often the most complicated to defend. The prosecutor simply has to prove that you were on the computer and solicited some sexual act from a minor. The general penalty is one degree lower than the offense proposed to be committed. In other words, if you solicited oral sex from a minor, and never even had contact with the minor, you could be convicted of a felony offense. These crimes often carry the potential of prison sentences and lengthy or lifetime sexual reporting requirements. Often these crimes involve little or no physical evidence – just an accusation of the alleged victim. Quite often a DNA analysis must be used or discredited in the defense of these crimes. Due to the nature of these offenses, an attorney of the highest caliber should be called upon.
Consequences for the conviction of computer solicitation may potentially include:
- Imprisonment
- Jail
- Loss of the right to vote
- Loss of other freedoms
- Loss of the right to own a deadly weapon
- Probation or parole
- Court ordered counseling or treatment
- Fines and/or restitution
- Other
Likelihood of any of the above consequences depends upon the following factors:
- Attorney assistance
- Any other prior convictions
- Currently on probation or parole
- Attitude of community and court toward this type of crime
- Degree of media attention on case
- Mitigating/aggravating circumstances
- Counseling or other alternative to incarceration
Defenses of computer solicitation may potentially include:
- Insufficient evidence
- Jurisdictional issues
- Mistaken identity
- Other users of the computer
- Evidence violations
- State and Federal constitutional violations
- Other
What can you do to improve the outcome of your case?
- The single thing that will effect the outcome of you case is retaining an attorney with significant criminal practice to represent you throughout the case
- Gather documentation of your good character (reference letters, employment history, community service, etc.)
- Exercise your right to remain silent
- Review you rights with your attorney
- Review your defenses with your attorney
- Keep a diary listing significant events and potential witnesses
- Do NOT investigate your own case
What can we do to help?
- Early preparation, including legal research and defense identification
- Advise you of your constitutional rights
- Early investigation and identification of all facts helpful to your defense
- Interview police and witnesses to minimize or eliminate the case
- Meet with the prosecutor for a possible charge bargain or possibly move the case to the justice courts where appropriate
- Interview all witnesses
- Set or reduce bail or obtain a release on your promise to appear
- Keep you updated on all aspects of you case, including possible defenses and alternatives
- In appropriate cases, negotiate jail alternatives such as counseling etc.
- Contact and hire expert witnesses that will help in your defense
- Research and file appropriate motions to dismiss the case
- Research and file appropriate motions to suppress evidence
- DISCLAIMER
The statements above are not legal advice! This statements are not intended to be a comprehensive statement of law of your particular case. This statement is intended to give you a very general understanding of what is involved in this type of crime. Please consult an attorney to find out what law applies to your particular case.